Wp(C)/19172/2007 Of The Konni Regional Co-Op.bank Ltd v. Chief Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 19172 of 2007(G) -------------------------- PETITIONER: ------------ THE KONNI REGIONAL CO-OPERATIVE BANK LTD.NO.3833, KONNI, PATHANAMTHITTA DISTRICT, KERALA, REPRESENTED BY IT'S SECRETARY. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENTS: ------------- 1. CHIEF COMMISSIONER OF INCOME TAX, C.R.BUILDING, I.S.PRESS ROAD, ERNAKULAM. 2. ADDITIONAL COMMISSIONER OF INCOME TAX, THIRUVALLA RANGE, THIRUVALLA. 3. INCOME TAX OFFICER, WARD IV, THIRUVALLA. ADDL. RESPONDENT: 4. JOINTREGISTRAR OF CO-OPERATIVE SOCIETIES, PATHANAMTHITTA. PATHANAMTHITTA. (ADDL. RESPONDENT IS IMPLEADED AS PER ORDER DT.22.6.2007 IN W.P.(C). DT.22.6.2007 IN W.P.(C). BY SRI.P.K.R.MENON,SR.COUNSEL,GOI(TAXES) SRI.GEORGE K. GEORGE, SC FOR IT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: PHOTOCOPY OF THE NOTICE DT.28.7.2006 ISSUED BY R3. P2: PHOTOCOPY OF ORDER IN WPC NO.5927/07 DT.22.2.2007. P3: PHOTOCOPY OF JUDGMENTOF THIS HON'BLE COURT DT.8.3.2007 IN WRIT APPEALNO.617/07. P4: PHOTOCOPY OF LETTER DT.20.6.2007 ISSUED TO THE PETITIONERS BY M/S.FEDERALBANK LTD., KONNI. P5: PHOTOCOPY OF THE RETURNED CHEQUE REMITTANCE MEMO DT.21.6.2007 FROMM/S.STATE BANK OF TRAVANCORE. P6: PHOTOCOPY OF THE ORDER OF COMMISSIONER OF INCOME TAX, KOTTAYAMDT.19.3.2008. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. ....................................................................W.P.(C) No.19172 of 2007 .................................................................... Dated this the 10th day of April, 2008. JUDGMENT Subsequent to filing of this W.P. challenging income tax assessmentdemanding tax on the Co-operative Society, the Commissioner has passedSection 264 orders whereunder petitioner is granted substantial relief. Inview of this development, W.P. is closed leaving freedom to the petitionerto challenge fresh orders issued by the Assessing Officer based on ordersunder Section 264, if petitioner so desires. In view of the Commissioner'sorder, the interim order issued by this court on 22.6.2007 stands withdrawn. pms C.N.RAMACHANDRAN NAIRJudge