High Court Kerala High Court

The Peravoor Co-Operative Urban … vs The Income Tax Officer on 30 June, 2010

Kerala High Court
The Peravoor Co-Operative Urban … vs The Income Tax Officer on 30 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 550 of 2010()


1. THE PERAVOOR CO-OPERATIVE URBAN BANK LTD
                      ...  Petitioner

                        Vs



1. THE INCOME TAX OFFICER,(CIB),
                       ...       Respondent

2. THE ASSISTANT DIRECTOR OF INCOME TAX,

3. THE COMMISSIONER OF INCOME TAX(CIB),

4. UNION OF INDIA, REPRESENTED BY THE

                For Petitioner  :SRI.R.SURENDRAN

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI

The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :30/06/2010

 O R D E R
             J.Chelameswar, C.J. & P.N.Ravindran, J.
                ------------------------------------------
                        W.A. No.550 of 2010
                ------------------------------------------
                Dated this the 30th day of June, 2010

                             JUDGMENT

J.Chelameswar, C.J.

This writ appeal is preferred by the petitioner in W.P.(C)

No.23454 of 2009 aggrieved by the judgment dated 18th August,

2009 by which a batch of writ petitions were disposed of declining

to interfere with the impugned notice issued under Section 133(6)

of the Income Tax Act. It appears that similar notices were

issued to many persons who approached this Court by way the

abovementioned batch of writ petitions and all the writ petitions

were similarly disposed of by a common judgment.

2. Aggrieved by the decision not to interfere with the

impugned notice, some of the other writ petitioners had earlier

moved writ appeals before this Court and one of them is

W.A.No.1854 of 2009. By judgment dated 24.11.2009 the said

writ appeal was dismissed. The appellant therein carried the

matter to the apex Court by way of a Special Leave Petition and it

appears that the matter is pending consideration before the

WA No.550 of 2010

– 2 –

Supreme Court. Notices were issued in the Special Leave

Petition on 15.2.2010 and a copy of the said order is placed

before this Court.

In the circumstances, the instant writ appeal is also

dismissed following the earlier decision of this Court in

W.A.No.1854 of 2009.

J.Chelameswar,
Chief Justice

P.N.Ravindran,
Judge
vns