High Court Kerala High Court

Kunnirikka Service … vs The Commissioner Of Income Tax … on 18 January, 2011

Kerala High Court
Kunnirikka Service … vs The Commissioner Of Income Tax … on 18 January, 2011
       

  

  

 
 
  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.
                -----------------------------------
                   W.P.(C) No.1680 OF 2011
              ---------------------------------------
           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