IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1680 of 2011(H)
1. KUNNIRIKKA SERVICE CO-OPERATIAVE
... Petitioner
Vs
1. THE COMMISSIONER OF INCOME TAX (CIB),
... Respondent
2. THE ASSISTANT DIRECTOR OF INCOME TAX,
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :18/01/2011
O R D E R
S. SIRI JAGAN, J.
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W.P.(C) No.1680 OF 2011
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Dated this the 18th day of January, 2011
JUDGMENT
The petitioner is a Co-operative Bank. They are aggrieved
by the direction of the Income Tax Department to furnish details
of depositors having more than Rs.1 lakh deposit with the bank.
According to the petitioner, if such information is divulged, it will
affect the confidentiality of the transactions between the bank
and the depositors, which would be detrimental to the very
existence of the co-operative banking movement itself.
2. I have heard the learned Standing Counsel for the
Income Tax Department. The learned Standing Counsel submits
that in respect of a similar case, the Supreme Court has granted
a stay in SLP No.3976/2010 against a judgment of this Court in
W.A.No.1854/2009 in which a similar challenge was upheld. He
further submits that in view of the said order, this writ petition
may be disposed of without prejudice to the right of the Income
Tax Department to take further action in accordance with the
W.P.(C)No.1680/10 2
orders to be passed in the said SLP.
3. Having heard both sides, I dispose of this writ
petition with the following directions:
Till a decision is taken by the Supreme Court in SLP
No.3976/2010 or the interim order therein is vacated, the
respondents shall not enforce Ext.P1 order or similar notices
against the petitioner.
S. SIRI JAGAN, JUDGE
acd
W.P.(C)No.1680/10 3