Wp(C)/37761/2015 Of Villappally Panchayath Service Co-Operative Bank Ltd.no.d-2342 v. Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939 WP(C).No. 37761 of 2015 ----------------- PETITIONERS --------------- 1 VILLIAPPALLY PANCHAYATH SERVICE CO-OPERATIVE BANK LTD.NO.D-2342 VATAKARA, KOZHIKODE DISTRICT - 673 542, REPRESENTED BY ITS SECRETARY. 2 NADAKKUTHAZHA SERVICE CO-OPERATIVE BANK LTD NO. D 2668 NEAR GOVERNMENT DISTRICT HOSPITAL, VATAKARA, KOZHIKODE DISTRICT - 673 001, REPRESENTED BY ITS SECRETARY. 3 THE CHEKKIAD SERVICE CO-OPERATIVE BANK LTD. NO. F 1657 P.O.CHEKKIAD, PARAKADAVU VIA, KOZHIODE DISTRICT - 673 509, REPRESENTED BY ITS SECRETARY. 4 THE VALAYAM SERVICE CO-OPERATIVE BANK LTD NO. LL 120 VIA KALLACHI, P.O.VALAYAM - 673 517, REPRESENTED BY ITS SECRETARY. 5 KUNNUMMAKKARA SERVICE CO-OPERATIVE BANK LTD NO. 7562 P.O.KUNNUMMAKKARA, KOZHIKODE DISTRICT - 673 308, REPRESENTED BY ITS SECRETARY. 6 CHORODE SERVICE CO-OPERATIVE BANK LTD NO. LL 139 P.O.CHORODE, VATAKARA, KOZHIKODE DISTRICT - 673 106, REPRESENTED BY ITS SECRETARY. REPRESENTED BY ITS SECRETARY. 7 CHOMBAL SERVICE CO-OPERATIVE BANK LTD NO. 1478 P.O.CHOMBALA, KOZHIKODE DISTRICT - 673 308, REPRESENTED BY ITS SECRETARY. ITS SECRETARY. 8 THE VILANGAD SERVICE CO-OPERATIVE BANK LTD NO. LL 131 P.O.VILANGAD, KOZHIKODE DISTRICT - 673 506, REPRESENTED BY ITS SECRETARY. ITS SECRETARY. 9 THE KUTTIADI PANCHAYATH SERVICE CO-OPERATIVE BANK LTD NO. 1488 P.O.KUTTIADY, PIN - 673 508, REPRESENTED BY ITS SECRETARY. P.O.KUTTIADY, PIN - 673 508, REPRESENTED BY ITS SECRETARY. 10 IRINGANNUR SERVICE CO-OPERATIVE BANK LTD NO. F 1753 H.O.IRINGANNUR, VATAKARA KOZHIKODE DISTRICT - 673 514, REPRESENTED BY ITS SECRETARY. H.O.IRINGANNUR, VATAKARA KOZHIKODE DISTRICT - 673 514, REPRESENTED BY ITS SECRETARY. WP(C).No. 37761 of 2015 (U)--------------------------- 11 VANIMAL SERVICE CO-OPERATIVE BANK LTD NO. F 1662 P.O.KODIYUR, VIA KALLACHI - 673 515, REPRESENTED BY ITS SECRETARY. P.O.KODIYUR, VIA KALLACHI - 673 515, REPRESENTED BY ITS SECRETARY. 12 THE ERAMALA SERVICE CO-OPERATIVE BANK LTD NO. F 1044 P.O.ORKKATTERI, VATAKARA, KOZHIKODE DISTRICT - 673 501, REPRESENTED BY ITS SECRETARY. P.O.ORKKATTERI, VATAKARA, KOZHIKODE DISTRICT - 673 501, REPRESENTED BY ITS SECRETARY. 13 THE KAVILUMPARA SERVICE CO-OPERATIVE BANK LTD NO. LL 70 P.O.KAVILUMPARA, KOZHIKODE DISTRICT - 673 513, REPRESENTED BY ITS SECRETARY P.O.KAVILUMPARA, KOZHIKODE DISTRICT - 673 513, REPRESENTED BY ITS SECRETARY 14 THE NADAPURAM SERVICE CO-OPERATIVE BANK LTD NO. F 721 P.O.KALLACHI, KOZHIKODE DISTRICT - 673 506, REPRESENTED BY ITS SECRETARY P.O.KALLACHI, KOZHIKODE DISTRICT - 673 506, REPRESENTED BY ITS SECRETARY 15 THE EDACHERY SERVICE CO-OPERATIVE BANK LTD NO. 9349 P.O.EDACHERI, VATAKARA, KOZHIKODE DISTRICT - 673 502, REPRESENTED BY ITS SECRETARY P.O.EDACHERI, VATAKARA, KOZHIKODE DISTRICT - 673 502, REPRESENTED BY ITS SECRETARY 16 THE URALUNGAL SERVICE CO-OPERATIVE BANK LTD NO. 7264 MADAPPALLY COLLEGE P.O., KOZHIKODE, REPRESENTED BY ITS SECRETARY. MADAPPALLY COLLEGE P.O., KOZHIKODE, REPRESENTED BY ITS SECRETARY. 17 THE MARUTHONKARA SERVICE CO-OPERATIVE BANK LTD NO. D 2461 P.O.ADUKKATH, KOZHIKODE DISTRICT - 673 508, REPRESENTED BY ITS SECRETARY P.O.ADUKKATH, KOZHIKODE DISTRICT - 673 508, REPRESENTED BY ITS SECRETARY 18 THE ONCHIYAM SERVICE CO-OPERATIVE BANK LTD NO. F 1174 P.O.ONCHIYAM, KOZHIKODE DISTRICT - 673 308, REPRESENTED BY ITS SECRETARY P.O.ONCHIYAM, KOZHIKODE DISTRICT - 673 308, REPRESENTED BY ITS SECRETARY 19 PONMERI SERVICE CO-OPERATIVE BANK LTD NO. D 2677 P.O.PONMERIPARAMBIL, KOZHIKODE DISTRICT - 673 542, REPRESENTED BY ITS SECRETARY. P.O.PONMERIPARAMBIL, KOZHIKODE DISTRICT - 673 542, REPRESENTED BY ITS SECRETARY. 17 THE MARUTHONKARA SERVICE CO-OPERATIVE BANK LTD NO. D 2461 P.O.ADUKKATH, KOZHIKODE DISTRICT - 673 508, REPRESENTED BY ITS SECRETARY P.O.ADUKKATH, KOZHIKODE DISTRICT - 673 508, REPRESENTED BY ITS SECRETARY 18 THE ONCHIYAM SERVICE CO-OPERATIVE BANK LTD NO. F 1174 P.O.ONCHIYAM, KOZHIKODE DISTRICT - 673 308, REPRESENTED BY ITS SECRETARY P.O.ONCHIYAM, KOZHIKODE DISTRICT - 673 308, REPRESENTED BY ITS SECRETARY 19 PONMERI SERVICE CO-OPERATIVE BANK LTD NO. D 2677 P.O.PONMERIPARAMBIL, KOZHIKODE DISTRICT - 673 542, REPRESENTED BY ITS SECRETARY. P.O.PONMERIPARAMBIL, KOZHIKODE DISTRICT - 673 542, REPRESENTED BY ITS SECRETARY. 20 KOTTAPPALLY SERVICE CO-OPERATIVE BANK LTD NO. D 2723 P.O.KOTTAPPALLY, VIA VILLIAPPALLY - 673 542, REPRESENTED BY ITS SECRETARY. P.O.KOTTAPPALLY, VIA VILLIAPPALLY - 673 542, REPRESENTED BY ITS SECRETARY. 21 THE PURAMERI SERVICE CO-OPERATIVE BANK LTD NO. F 1271 P.O.PURAMERI, KOZHIKODE DISTRICT - 673 503, REPRESENTED BY ITS SECRETARY P.O.PURAMERI, KOZHIKODE DISTRICT - 673 503, REPRESENTED BY ITS SECRETARY 22 THE BADAGARA CO-OPERATIVE RURAL BANK LTD NO. F 1264 BANK BUILDING, VO ROAD, VATAKARA - 673 101, REPRESENTED BY ITS SECRETARY. BANK BUILDING, VO ROAD, VATAKARA - 673 101, REPRESENTED BY ITS SECRETARY. 23 THE KAKKATTIL CO- OPERTIVE RURAL BANK LTD NO. F 1270 P.O.KAKKATTIL, KOZHIKODE DISTRICT - 673 507, REPRESENTED BY ITS SECRETARY. 24 THE AZHIYUR SERVICE CO-OPERATIVE BANK LTD NO. 7893 P.O.ALIYUR, KOZHIKODE DISTRICT - 673 309, REPRESENTED BY ITS SECRETARY. P.O.ALIYUR, KOZHIKODE DISTRICT - 673 309, REPRESENTED BY ITS SECRETARY. BY ADVS.SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK RESPONDENTS: ---------------- 1. COMMISSIONER OF INCOME TAX OFFICE OF COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, NEW ANNEXRE BUILDING (NORTH BLOCK), MANACHIRA, KOZHIKODE - 673 001. 2. INCOME TAX OFFICER (TDS) OFFICE OF THE INCOME TAX OFFICER(TDS), 3RD FLOOR, AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE - 673 001. R1,R2 BY SRI.K.M.V.PANDALAI, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-02-2018, ALONG WITH WPC NO. WPC 38786/2015 AND WPC NO.37763/2015 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALONG WITH WPC NO. WPC 38786/2015 AND WPC NO.37763/2015 THE COURT sdr/- ------------------------------ APPENDIX ------ PETITIONER(S)' EXHIBITS --------------------------- P1 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAWS SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. P2 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. PRIMARY OBJECTIVE OF THE SOCIETY. P3 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. PRIMARY OBJECTIVE OF THE SOCIETY. P4 - TRUE COPY OF THE CATEGORIZATION STATEMENT/CERTIFICATE ISSUED BY THE JOINT REGISTRAR (GENERAL) KOZHIKODE CATEGORIZING THE PETITIONER SOCIETY AS PRIMARY AGRICULTURAL CREDIT SOCIETY. JOINT REGISTRAR (GENERAL) KOZHIKODE CATEGORIZING THE PETITIONER SOCIETY AS PRIMARY AGRICULTURAL CREDIT SOCIETY. P5 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. PRIMARY OBJECTIVE OF THE SOCIETY. P6 - TRUE COPY OF THE RELEVANT PORTION OF THE AMEDED BYELAW SHOWING THE PARIMARY OBJECTIVE OF THE SOCIETY. PARIMARY OBJECTIVE OF THE SOCIETY. P7 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. THE PRIMARY OBJECTIVE OF THE SOCIETY. P8 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. PRIMARY OBJECTIVE OF THE SOCIETY. P5 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. PRIMARY OBJECTIVE OF THE SOCIETY. P6 - TRUE COPY OF THE RELEVANT PORTION OF THE AMEDED BYELAW SHOWING THE PARIMARY OBJECTIVE OF THE SOCIETY. PARIMARY OBJECTIVE OF THE SOCIETY. P7 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. THE PRIMARY OBJECTIVE OF THE SOCIETY. P8 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. PRIMARY OBJECTIVE OF THE SOCIETY. P9 - TRUE COPY OF THE CATEGORIZATION STATEMENT/CERTIFICATE ISSUED BY THE JOINT REGISTRAR (GENERAL) KOZHIKODE CATEGORIZING THE PETITIONER SOCIETY AS PRIMARY AGRICULTURAL CREDIT SOCIETY. JOINT REGISTRAR (GENERAL) KOZHIKODE CATEGORIZING THE PETITIONER SOCIETY AS PRIMARY AGRICULTURAL CREDIT SOCIETY. P10 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE. PRIMARY OBJECTIVE. P11 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOW BY THE PRIMARY OBJECTIVE. PRIMARY OBJECTIVE. P12 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. P13 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. P14 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. P15 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY AND MAIN OBJECTIVE. SHOWING THE PRIMARY AND MAIN OBJECTIVE. P16 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. P17 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. P18 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. P19 - TRUE COPY OF THE CATEGORIZATION STATEMENT/CERTIFICATE ISSUED BY THE JOINT REGISTRAR (GENERAL) KOZHIKODE CATEGORIZING THE PETITIONER SOCIETY AS PRIMARY AGRICULTURAL CREDIT SOCIETY. ISSUED BY THE JOINT REGISTRAR (GENERAL) KOZHIKODE CATEGORIZING THE PETITIONER SOCIETY AS PRIMARY AGRICULTURAL CREDIT SOCIETY. P20 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. P21 - TRUE COPY OF THE RELEVANT PORTION OF THE AMENDED BYELAW SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. SHOWING THE PRIMARY OBJECTIVE OF THE SOCIETY. P22 - A TRUE COPY OF THE ORDER PASSED BY THE RESERVE BANK OF INDIA IN THIS REGARD ON 25.10.2013 WITH RESPECT TO CHAKKTTAPARA SERVICE CO- OPERATIVE BANK LTD NO. F 1675, CHAKKITTAPARA P.O., KOZHIKODE DISTRICT. INDIA IN THIS REGARD ON 25.10.2013 WITH RESPECT TO CHAKKTTAPARA SERVICE CO- OPERATIVE BANK LTD NO. F 1675, CHAKKITTAPARA P.O., KOZHIKODE DISTRICT. P23 - A TRUE COPY OF THE RELEVANT PORTION OF THE BYELAWS OF THECHAKKITTAPARA SERVICE CO-OPERATIVE BANK.CHAKKITTAPARA SERVICE CO-OPERATIVE BANK. P24 - A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NO.1 DT. 18.08.2015.PETITIONER NO.1 DT. 18.08.2015. P25 - A TRUE COPY OF THE REPLY DT. 15.9.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. THE PETITIONER BEFORE THE 2ND RESPONDENT. P26 - A TRUE COPY OF THE NOTICE DT. 14.9.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NO.1. BY THE 2ND RESPONDENT TO THE PETITIONER NO.1. P23 - A TRUE COPY OF THE RELEVANT PORTION OF THE BYELAWS OF THECHAKKITTAPARA SERVICE CO-OPERATIVE BANK.CHAKKITTAPARA SERVICE CO-OPERATIVE BANK. P24 - A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NO.1 DT. 18.08.2015.PETITIONER NO.1 DT. 18.08.2015. P25 - A TRUE COPY OF THE REPLY DT. 15.9.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. THE PETITIONER BEFORE THE 2ND RESPONDENT. P26 - A TRUE COPY OF THE NOTICE DT. 14.9.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NO.1. BY THE 2ND RESPONDENT TO THE PETITIONER NO.1. P27 - A TRUE COPY OF THE NOTICE DT. 17.8.2015 ISSUED TO THE PETITIONER NO.2 BY THE 2ND RESPONDENT. PETITIONER NO.2 BY THE 2ND RESPONDENT. P28 - A TRUE COPY OF THE REPLY SUBMITTED BY THE 2ND PETITIONER DT. 03.9.2015. P29 - A TRUE COPY OF THE NOTICE DT. 14.9.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NO.2. P30 - A TRUE COPY OF THE NOTICE DT. 10.9.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NO.3. P31 - A TRUE COPY OF THE REPLY DT. 15.9.2015 SUBMITTED BY THE 3RD PETITIONER. P32- A TRUE COPY OF THE NOTICE ISSUED TO THE 2ND RESPONDENT TO THE 4TH PETITIONER DT. 18.8.2015 WITH RESPECT TO DEDUCTION OF TAX AT SOURCE ON INTEREST PAYMENT. TO THE 4TH PETITIONER DT. 18.8.2015 WITH RESPECT TO DEDUCTION OF TAX AT SOURCE ON INTEREST PAYMENT. P33- A TRUE COPY OF THE NOTICE DT. 14.9.2015 ISSUED BY THE 2ND RESPONDENT THE 2ND RESPONDENT P34- A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DT. 17.8.2015 REQUIRING TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. DT. 17.8.2015 REQUIRING TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. P35 - A TRUE COPY OF THE NOTICE DT. 10.9.2015 ISSUED TO THE 5TH PETITIONER.PETITIONER. P36 - A TRUE COPY OF THE NOTICE DT. 17.8.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.RESPONDENT TO THE PETITIONER. P37 - A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DT. 17.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. RESPONDENT DT. 17.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. P38 - A TRUE COPY OF THE REPLY ISSUED BY THE 7TH PETITIONER DT. 03.9.2015.03.9.2015. P39 - A TRUE COPY OF THE NOTICE DT. 17.8.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. THE 2ND RESPONDENT TO THE PETITIONER. P40 - A TRUE COPY OF THE NOTICE DT. 14.9.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NO.8. P41 - A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DT. 17.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. SOURCE ON INTEREST PAYMENT. P42 - A TRUE COPY OF THE NOTICE DT. 14.9.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.RESPONDENT TO THE PETITIONER. P43 - A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DT. 17.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. DT. 17.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. P44 - A TRUE COPY OF THE REPLY ISSUED BY THE 12TH PETITIONER DT. 09.09.2015.09.09.2015. P45 - A TRUE COPY OF THE NOTICE D.T 14.9.205 ISSUED TO THE 12TH PETITIONER.PETITIONER. P46 - A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DT. 17.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT.17.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. P47 - A TRUE COPY OF THE NOTICE DT. 14.9.2015 SERVED ON THE PETITIONER BY THE 2ND RESPONDENT. THE 2ND RESPONDENT. P48 - A TRUE COPY OF THE REPLY DT. 25.11.2015 SUBMITTED BY THE PETITIONER.PETITIONER. P49 - A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DT. 18.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT.18.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. P50 - A TRUE COPY OF THE REPLY ISSUED BY THE 16TH PETITIONER DT. 03.9.2015.03.9.2015. P51 - A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DT. 17.8.2015REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT.17.8.2015REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. P47 - A TRUE COPY OF THE NOTICE DT. 14.9.2015 SERVED ON THE PETITIONER BY THE 2ND RESPONDENT. THE 2ND RESPONDENT. P48 - A TRUE COPY OF THE REPLY DT. 25.11.2015 SUBMITTED BY THE PETITIONER.PETITIONER. P49 - A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DT. 18.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT.18.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. P50 - A TRUE COPY OF THE REPLY ISSUED BY THE 16TH PETITIONER DT. 03.9.2015.03.9.2015. P51 - A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DT. 17.8.2015REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT.17.8.2015REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. P52 - A TRUE COPY OF THE NOTICE DT. 14.9.2015 ISSUED TO THE 18TH PETITIONER.PETITIONER. WP(C).No. 37761 of 2015 (U)------------------------------ P53- A TRUE COPY OF THE NOTICE DT. 14.9.2015 ISSUED TO THE 21ST PETITIONER.PETITIONER. P54 - A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DT. 17.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT.17.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. P55 - A TRUE COPY OF THE REPLY ISSUED BY THE 2ND PETITIONER DT. 03.9.2015.03.9.2015. P56 - A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DT. 17.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. DT. 17.8.2015 REQUIRING IT TAX DEDUCTION AT SOURCE ON INTEREST PAYMENT. P57 - A TRUE COPY OF THE NOTICE DT. 10.9.2015 SERVED ON THE PETITIONER BY THE 2ND RESPONDENT. PETITIONER BY THE 2ND RESPONDENT. P58 - A TRUE COPY OF THE REPLY SUBMITTED BY THE 24TH PETITIONER. P59 - A TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KARNATAKA IN INCOME TAX APPEAL NO. 100082/2014 DT. 21.9.2015. KARNATAKA IN INCOME TAX APPEAL NO. 100082/2014 DT. 21.9.2015. RESPONDENTS EXHIBITS ----------------------- NIL /TRUE COPY/ sdr/- PA TO JUDGE P.B.SURESH KUMAR, J. …................................................................... W.P.(C).Nos. 37761, 37763 & 38786 of of 2015 ….......................................................................Dated this the 9[th] day of February, 2018 JUDGMENT Petitioners in these matters are Co-operativeSocieties registered under the Kerala Co-operativeSocieties Act, 1969 (the Act). They have been issuednotices by the competent authorities under the IncomeTax Act (the Act) directing them to file Form 26Q inrespect of the tax deducted by them at source oninterest payment. Ext.P26 is one of such notices issuedto the first petitioner in W.P.(C).No.38786 of 2015. Someof the petitioners have responded to the notices in thenature of Ext.P26 and some have not. For those whohave not responded to the notices in the nature ofExt.P26, reminders have been issued. The case of thepetitioners in the writ petitions is that Ext.P26 andsimilar notices have been issued on the premise thatthey are Co-operative Banks falling within clause (v) ofsub-section (3) of Section 194A of the Act. It is the W.P.(C).No.37761/2015 & con.cases. : 2 : specific case of the petitioners that they are only PrimaryCredit Societies and not Co-operative Banks falling withinClause (v) of sub-section (3) of Section 194A of the Act.As such, according to them, they are not liable to deducttax at source on interest payment to the depositors. 2.Heard the learned counsel for thepetitioners as also the learned Standing Counsel for therespondents. Heard the learned counsel for the 3. The question as to whether the petitioners W.P.(C).No.37761/2015 & con.cases. : 2 : specific case of the petitioners that they are only PrimaryCredit Societies and not Co-operative Banks falling withinClause (v) of sub-section (3) of Section 194A of the Act.As such, according to them, they are not liable to deducttax at source on interest payment to the depositors. 2.Heard the learned counsel for thepetitioners as also the learned Standing Counsel for therespondents. Heard the learned counsel for the 3. The question as to whether the petitioners would fall within the scope clause (v) of sub-section (3) ofSection 194A of the Act is a matter to be decided by thecompetent authority under the Act. It is seen that thecompetent authorities under the Act are yet to adjudicateon the said issue. Before the competent authorities underthe Act adjudicate on the said issue, there is nojustification for the petitioners to approach this Court forsuch an adjudication. In the said view of the matter, the writ petitions are disposed of directing the competent authorities under W.P.(C).No.37761/2015 & con.cases. : 3 : the Act to consider the question as to whether thepetitioners would fall under clause (v) of sub-section (3)of Section 194A of the Act, in the case of the petitionerswho dispute that fact, needless to say, after affording theconcerned petitioners an opportunity of hearing. It ismade clear that in the case of the remaining petitioners,proceedings can be continued as if they are liable to fileForm 26Q. Sd/-P.B.SURESH KUMAR,JUDGE hmh