Case Details

Citation(s)
2014 SLG 1956 2014 SLD 1956 (2014) 367 ITR 22
Kerala High Court
W.A. NOS. 269,271,274,275,287,288,304,305,306,308,309 OF 2014, MARCH 31, 2014
DR. MANJULA CHELLUR, C.J. AND A.M. SHAFFIQUE, J
O.D. Sivadas, Advocate for the Appellant. P.K.R. Menon, Senior Counsel GOI (Taxes) and Jose Joseph, Standing Counsel for the
Respondent

Kodur Service Co-Operative Bank Ltd.

v.

Director of Income Tax (Intelligence)

Law:

Section:

JUDGMENT Dr. Manjula Chellur, CJ. - All these appeals are directed against the common judgment of the learned single judge dated December 17, 2013. Therefore, they are taken up for final disposal by consent. The appellants before us are different co-operative societies. In brief, the case of appellants is as under : The appellant-societies are established in accordance with the Kerala Co-operative Societies Act and Rules. These societies are credit co-operative societies functioning with an object of providing financial assistance to its members for the purpose of agriculture and other allied activities. According to the appellants, exhibit PI notice issued by the second respondent is not only illegal but arbitrary. 2. The appellant-societies approached the learned single judge questioning the legality of exhibit P1 notice and also competency of the second respondent to issue the same. As per exhibit P1 notice, societies were required to furnish the details of entire cash deposits in savings bank accounts where the aggregate cash deposit is rupees five lakhs and above in an year for the last three previous years. Identifying such cases from thousands of depositors is not only a laborious task but encroaching on the affairs and business activities of co-operative societies. Exhibit P1 notice lacks details as to for what purpose such notice was issued and it is issued by the authority which is not included in section 133(6) of the Income-tax Act. 3. According to appellants, the State Legislatures have been given exclusive power to make laws in respect of matters enumerated in List II of the Seventh Schedule of the Constitution of India. Entry No. 43 of List I of the Seventh Schedule refers to incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but does not include co-operative societies. Entry No. 32 of List II specifically relates to societies, co-operative societies, etc., other than those specified in List I. Therefore, according to the appellants, as co-operative societies are established pursuant to the promulgation of the Kerala Co-operative Societies Act and Rules, only State Government…
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