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Documents citing M.V. Rajendran vs Income-Tax Officer And Anr. on 24 December, 2002

M/S. Chennithala Thripperumthura ... vs Income Tax Officer(Tds) on 12 March, 2025

16. The Assessing Officer (AO) has the responsibility to determine whether the exemption provided by Section 194A(3)(viia) applies and must gather relevant information regarding depositors and their transactions for this purpose. By failing to provide details about its members' deposits and associated interest payments, the society obstructed the AO's right to perform the statutory duties. Thus, while requisitioning information under Section 133(6) and evaluating eligibility for exemption under Section 194A(3)(viia) are distinct processes, proving entitlement to such exemptions remains crucial for proper assessment. It is to be noticed that the judgment of this Court in M.V. Rajendran (supra), which considered the exemption claim by Co-operative Societies was affirmed by the 2025:KER:20901 W.P(C) No.24497/2018 10 Division Bench of this Court in Kechery Service Co-operative Bank Ltd. v. The Commissioner of Income Tax [MANU/KE/0090/2003], and the Special Leave Petition (SLP) filed against the decision of this Court was dismissed.
Kerala High Court Cites 16 - Cited by 0 - Full Document

Iritty Co-Operative Rural Bank Ltd vs Commissioner Of Income Tax (Cib) on 24 November, 2009

2. We have heard various counsel appearing for the appellants/petitioners and standing counsel appearing for the respondents. Same contentions raised by the appellants/petitioners were first decided by one of us, (C.N.Ramachandran Nair, J.) vide judgment in M.V. RAJENDRAN V. I.T.O., 260 I.T.R. 442. The provision considered therein was Section 133(6) with amendments introduced particularly after the inclusion of second proviso vide Finance Act 1995 with effect from 1.7.1995. This Court held that the contentions of the co-operative societies that they do not answer the description of "person" referred to in the Section and that details could be called for only pertaining to enquiry pending were turned down based on the amendments. It was held that the powers conferred under the Section are in the nature of survey by the department and the same can be initiated against private banks, co-operative societies and even against nationalised banks.
Kerala High Court Cites 7 - Cited by 1 - Full Document
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