Wp(C)/15750/2011 Of Vellimattom Service Co-Operative Bank Lt v. The Income Tax Officer (Cib)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 15750 of 2011(P) --------------------------------------- PETITIONER: ------------------- VELLIMATTOM SERVICE CO-OPERATIVE BANK LIMITED NO.3958, REPRESENTED BY ITS SECRETARY, PANNIMATTOM.P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADVS. SRI.JOICE GEORGE, SRI.TOM E. JACOB RESPONDENTS: ------------------------ 1.THE INCOME TAX OFFICER (CIB), KOCHI, OFFICE OF THE DIRECTOR OF INCOME TAX (CIB),KOCHI, K.K. TOWERS, 5TH FLOOR, OPP. MAHARAJA'S GROUND,M.G. ROAD, ERNAKULAM – 11.KOCHI, K.K. TOWERS, 5TH FLOOR, OPP. MAHARAJA'S GROUND,M.G. ROAD, ERNAKULAM – 11. 2. THE DIRECTOR OF INCOME TAX (CIB), KOCHI,OFFICE OF THE DIRECTOR OF INCOME TAX (CIB),KOCHI, K.K.TOWERS, 5TH FLOOR, OPP.MAHARAJA'SGROUND, M.G.ROAD, ERNAKULAM-11.OFFICE OF THE DIRECTOR OF INCOME TAX (CIB),KOCHI, K.K.TOWERS, 5TH FLOOR, OPP.MAHARAJA'SGROUND, M.G.ROAD, ERNAKULAM-11. 3. THE COMMISSIONER OF INCOME TAX (CIB),KOCHI, OFFICE OF THE INCOME TAX COMMISSIONER,ERNAKULAM- 11.KOCHI, OFFICE OF THE INCOME TAX COMMISSIONER,ERNAKULAM- 11. 4. THE UNION OF INDIA,REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OFINDIA, MINISTRY OF FINANCE, NEW DELHI, PIN – 110 008.REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OFINDIA, MINISTRY OF FINANCE, NEW DELHI, PIN – 110 008. BY ADV. SRI.JOSE JOSEPH, S.C, INCOME TAX. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2011, ALONG WITH W.P.(C).NO.15751/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S 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)Nos. 15750, 15751, 15795, 15809, 15810, 15816,16044, 16052 &, 16058 of 2011- - - - - - - - - - - - - - - - - - - - - - -Dated this the 6[th] day of September, 2011 J U D G M E N T The petitioners are Co-operative banks. They are aggrieved by the proceedings initiated by the Income Tax authoritiesdirecting the petitioners to furnish details as per Section 133(6)of the Income Tax Act, 1961. According to the petitioners, thevery question as to the liability of similarly placed petitioners fordivulging the information called for is pending in appeal beforethe Supreme Court and the Supreme Court has granted a stay inthe appeal pending before the Supreme Court. They furthersubmit that in view of the pendency of the appeal and stay by theSupreme Court, this Court has also considered and passed ordersin respect of the subject matter in W.A.No.290/2010. Thepetitioners submit that they 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 the judgment of the W.P.(C)Nos. 15750, 15751, 15795, 15809, 15810, 15816, 16044, 16052 &, 16058 of 2011 -2- learned Single Judge disposing the applicant'schallenge against the details called for by the IncomeTax Department, following the Division Benchjudgment of this Court in W.A.No.2553 of 2009 andconnected cases. Even though the Division Benchupheld the similar notices and declared entitlement ofthe Department to call for details from the Co-operative Banks, the Honourable Supreme Court hasgranted stay against operation of the judgment. 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 the judgment of the W.P.(C)Nos. 15750, 15751, 15795, 15809, 15810, 15816, 16044, 16052 &, 16058 of 2011 -2- learned Single Judge disposing the applicant'schallenge against the details called for by the IncomeTax Department, following the Division Benchjudgment of this Court in W.A.No.2553 of 2009 andconnected cases. Even though the Division Benchupheld the similar notices and declared entitlement ofthe Department to call for details from the Co-operative Banks, the Honourable Supreme Court hasgranted stay against operation of the judgment. In the circumstances, we dispose of this writappeal with a direction to the respondents to proceedagainst the appellant based on fresh orders or finaljudgment of the Supreme Court in the pendingmatters. In other words, the judgment of the SupremeCourt in the pending cases will be followed in the caseof the appellant as well without insisting the parties totake up the matter to the Supreme Court. I am satisfied that these writ petitions can also be disposed of interms of that judgment. Accordingly, these writ petitions are disposed of in terms ofthat judgment. Sd/- S. SIRI JAGAN JUDGE//True copy// P.A. TO JUDGE shg/