Wp(C)/41845/2023 Of Kerala Co-Operative Deposit Guarantee Fund Board v. Commissioner Of Income Tax (Exemption)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 29 DAY OF JANUARY 2024 / 9TH MAGHA, 1945 WP(C) NO. 41845 OF 2023 PETITIONER: KERALA CO-OPERATIVE DEPOSIT GUARANTEE FUND BOARD,TC 82/5422(1), AMBUJAVILASAM ROAD, G.P.O JUNCTION, PULIMOODE, THIRUVANANTHAPURAM P.O, THIRUVANANTHAPURAM (D), KERALA, 695001. REPRESENTED BY ITS SECRETARY BY ADV C.A.JOJO RESPONDENTS: 1COMMISSIONER OF INCOME TAX (EXEMPTION)OFFICE OF THE COMMISSIONER OF INCOME TAX, I S PRESS ROAD, KOCHI, PIN – 6820182THE CHAIRMAN, CENTRAL BOARD OF DIRECT TAXES (ITA-1 DIVISION), MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, ROOM NO.245 A, NORTH BLOCK, NEW DELHI, PIN – 1100013THE INCOME TAX OFFICER,NATIONAL FACELESS ASSESSMENT CENTRE, NEW DELHI- NORTH BLOCK, NEW DELHI, PIN – 110001 4THE REGISTRAR OF CO-OPERATIVE SOCIETIES,JAWAHAR SAHAKARANA BHAVAN, D.P.I JUNCTION , THYCAUD P.O, THIRUVANATHAPURAM, PIN – 695014BY ADV.JOSE JOSEPH-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 41845 OF 2023 -2- JUDGMENT The petitioner is Kerala Co-operative DepositGuarantee Fund Board constituted as per the provisionsof SRO No.28 of 2012 issued under Section 57B of theKerala Co-operative Societies Act, 1969. 2.Learned counsel for the petitioner submits thatthe petitioner is a statutory body and as per Section10(46A) of the Income Tax Act, 1961, the petitioner isentitled for exemption from payment of the income taxon its income. Petitioner had applied for grantingexemption from payment of income tax in Ext.P5. Thesaid application is dated 26.06.2018, but the authorityhad not taken any decision on the said application of thepetitioner. There has been long delay in taking decisionon the application of the petitioner, the petitioner has noother remedy. Therefore, the petitioner has approachedthis Court for appropriate relief. 3.Mr.Jose Joseph, learned Standing Counsel for the Income Tax Department submitted that the CBDT has initiated the process of taking decision on the saidapplication of the petitioner in Ext.P5. A report has beencalled for from the jurisdictional Commissioner. Hefurther submits that the appropriate decision, inaccordance with law, on the application of the petitionerin Ext.P5 shall be taken within short time. 4.Considering the aforesaid submission andstand of the learned Standing Counsel for the IncomeTax Department, the present Writ petition is disposed offwith direction to the second respondent to take decisionas expeditiously as possible on application of thepetitioner in Ext.P5 preferably within a period of fourmonths. With the aforesaid direction, this writ petitionstands disposed off. vv Sd/-DINESH KUMAR SINGHJUDGE WP(C) NO. 41845 OF 2023 -4- APPENDIX OF WP(C) 41845/2023 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION OF THESCHEME PASSED BY THE GOVT. OF KERALA G.O (P) 03/2012/CO-OP DATED 11.01.2012 EXHIBIT P2 A TRUE COPY OF THE NOTIFICATION OF THESCHEME PASSED BY THE GOVT. OF KERALA G.O (P) 71/2019/CO-OP DATED 22.06.2019 EXHIBIT P3 A TRUE COPY OF THE NOTIFICATION FOR ENHANCING THE DEPOSIT GUARANTEE PASSEDBY THE GOVT. OF KERALA G.O (P) 161/2023/CO-OP DATED 06.07.2023 EXHIBIT P4 A TRUE COPY OF THE PRESCRIBED FORM FOREXEMPTION ISSUED BY CBDT F.NO.196/6/2013-ITA 1 DATED 27.06.2013 EXHIBIT P5 A TRUE COPY OF THE APPLICATION FOR EXEMPTION ALONG WITH A COVERING LETTERSUBMITTED BEFORE THE 1ST RESPONDENT DATED 29.06.2018 EXHIBIT P6 A TRUE COPY OF THE LETTER ISSUED BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA DATED 28.08.2018 EXHIBIT P7 A TRUE COPY OF THE LETTER SUBMITTED TOUNDER SECRETARY OF THE 2ND RESPONDENT DATED 03.10.2018 EXHIBIT P8 A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 12.11.2018 EXHIBIT P9 A TRUE COPY OF THE DETAILED REPLY SUBMITTED BEFORE THE 3RD RESPONDENT DATED 16.11.2018 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 EXHIBIT P4 A TRUE COPY OF THE PRESCRIBED FORM FOREXEMPTION ISSUED BY CBDT F.NO.196/6/2013-ITA 1 DATED 27.06.2013 EXHIBIT P5 A TRUE COPY OF THE APPLICATION FOR EXEMPTION ALONG WITH A COVERING LETTERSUBMITTED BEFORE THE 1ST RESPONDENT DATED 29.06.2018 EXHIBIT P6 A TRUE COPY OF THE LETTER ISSUED BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA DATED 28.08.2018 EXHIBIT P7 A TRUE COPY OF THE LETTER SUBMITTED TOUNDER SECRETARY OF THE 2ND RESPONDENT DATED 03.10.2018 EXHIBIT P8 A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 12.11.2018 EXHIBIT P9 A TRUE COPY OF THE DETAILED REPLY SUBMITTED BEFORE THE 3RD RESPONDENT DATED 16.11.2018 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 A TRUE COPY OF THE LETTER SUBMITTED TOTHE 1ST RESPONDENT DATED 11.01.2023 A TRUE COPY OF THE REMINDER LETTER SUBMITTED TO THE 2ND RESPONDENT DATED 09.06.2023 A TRUE COPY OF THE REMINDER LETTER SUBMITTED TO THE 2ND RESPONDENT DATED 02.09.2023