Kerala High Court
The Annamanada Service Co-Operative ... vs The Union Of India on 28 March, 2022
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) No.10738/2022 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Monday, the 28th day of March 2022 / 7th Chaithra, 1944
WP(C) NO. 10738 OF 2022
NAME AND ADDRESS OF THE PETITIONERS:
1. THE ANNAMANADA SERVICE CO-OPERATIVE BANK LIMITED NO. 159 ANNAMANADA,
CHALAKUDY TALUK, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY,
PIN 680 741
2. THE ASHTAMICHIRA SERVICE CO-OPERATIVE BANK LTD NO 325 ASHTAMICHIRA,
CHALAKUDY TALUK , THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY,
PIN 680 731
3. THE ANNALLOOR SERVICE CO-OPERATIVE BANK LTD NO. 445 ANNALLOOR,
CHALAKUDY TALUK, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY,
PIN 680 731
4. THE IRANIKULAM THIRUMUKKULAM SERVICE CO-OPERATIVE BANK LTD NO. 339,
CHALAKUDY TALUK, IRANIKULAM, THRISSUR DISTRICT, REPRESENTED BY ITS
SECRETARY, PIN 680 734
5. THE POYYA CO-OPERATIVE BANK LTD NO. 812 POOPPATHY, THRISSUR
DISTRICT, REPRESENTED BY ITS SECRETARY, PIN 680 733
NAME AND ADDRESS OF THE RESPONDENTS:
1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE, NORTH BLOCK, RAISANA NILL, NEW DELHI 110 001
2. THE COMMISSIONER OF INCOME TAX(TDS) CENTRAL REVENUE BUILDING, I.S
PRESS ROAD, ERNAKULAM, PIN 682 018
3. THE INCOME TAX OFFICER (TDS) INCOME TAX DEPARTMENT, SHAKTAN NAGAR,
THRISSUR PIN 680 001
4. THE KERALA STATE CO-OPERATIVE BANK LTD COBANK TOWERS, PALAYAM,
THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, PIN 695
033
5. THE MANAGER KERALA STATE CO-OPERATIVE BANK LTD, MALA, IRINJALAKUDA,
THRISSUR PIN 680 732
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim direction restraining the respondents from
deducting TDS as per Section 194A (3)(v) of the Income Tax on interest on
all deposits maintained by the petitioners with the 4th and 5th respondent
and stay all further proceedings for such recovery, pending final disposal
of this Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. O.D.SIVADAS, Advocate for the petitioners, ASSISTANT SOLICITOR
GENERAL OF INDIA for R1, STANDING COUNSEL for R2 and R3 and of SRI.
P.C.SASIDHARAN, Advocate for R4 and R5, the court passed the following:
WP(C) No.10738/2022 2/2
ORDER
Learned Assistant Solicitor General of India takes notice for R1. Learned Standing Counsel for Income Tax takes notice for R2 and R3.
Advocate P.C. Sasidharan takes notice for R4 and R5. There will be an interim stay as prayed for, until further orders.
28.03.2022 Sd/- BECHU KURIAN THOMAS, JUDGE
28-03-2022 /True Copy/ Assistant Registrar