Wp(C)/15749/2011 Of Alakkode Service Co-Operative Bank v. Income Tax Officer (Cib)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 15749 of 2011(P) -------------------------------------- PETITIONER: ------------------- THE ALAKKODE SERVICE CO-OPERATIVE BANK LIMITED NO. 1558,REPRESENTED BY ITS SECRETARY, KALAYANTHANI.P.O.,THODUPUZHA, IDUKKI DISTRICT. BY ADVS. SRI.JOICE GEORGE, SRI.TOM E. JACOB RESPONDENTS: ------------------------ R1 TO R3 BY SRI.JOSE JOSEPH, S.C, INCOME TAX. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2011, ALONG WITH W.P.(C). NOS. 16619 OF 2011 AND 16626 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE NO.ITO/(CIB) KOCHI/CO-OPCS/2010-11 DTD. 09/03/2011. EXT.P.2: COPY OF THE INTERIM ORDER DTD. 26/04/2010 IN SLP NOS. 11454 – 11467/2010OF THE SUPREME COURT OF INDIA. EXT.P.3: COPY OF THE JUDGMENT IN W.A. NO.290/2010 DTD. 22/02/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No.15749 OF 2011,W.P.(C)No.16619 OF 2011&W.P.(C)No.16626 OF 2011 ------------------------------------------------- DATED THIS THE 12[th] DAY OF JULY, 2011 J U D G M E N T The petitioners are Co-operative banks. They areaggrieved by the proceedings initiated by the Income Taxauthorities directing the petitioners to furnish details as perSection 133(6) of the Income Tax Act, 1961. According to thepetitioners, the very question as to the liability of similarlyplaced petitioners for divulging the information called for ispending in appeal before the Supreme Court and the SupremeCourt has granted a stay in the appeal pending before theSupreme Court. They further submit that in view of thependency of the appeal and stay by the Supreme Court, thisCourt has also considered and passed orders in respect of thesubject matter in W.A.No.290/2010. The petitioners submit thatthey are also entitled to similar reliefs. 2.I have heard the learned Standing Counsel for theIncome Tax Department also. In W.A.No.290/2010, by Ext.P3judgment, a Division Bench of this Court has held as follows: “This writ appeal is filed against thejudgment of the learned Single Judgedisposing the applicant's challengeagainst the details called for by theIncome Tax Department, following theDivision Bench judgment of this Court inW.A.No.2553 of 2009 and connected cases.Even though the Division Bench upheld thesimilar notices and declared entitlementof the Department to call for detailsfrom the Co-operative Banks, theHonourable Supreme Court has granted stayagainst operation of the judgment. In the circumstances, we dispose ofthis writ appeal with a direction to therespondents to proceed against theappellant based on fresh orders or finaljudgment of the Supreme Court in thepending matters. In other words, thejudgment of the Supreme Court in thepending cases will be followed in thecase of the appellant as well withoutinsisting the parties to take up thematter to the Supreme Court. I am satisfied that these writ petitions can also be disposed of in terms of that judgment. Accordingly, these writ petitions are disposed of in terms of that judgment. Sd/-S. SIRI JAGAN, JUDGE. AMG True copy P.A to Judge