E.E.420 Sivasubramaniapuram Primary v. The Assistant Director Of Income Tax
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P. (MD) Nos. 4429 to 4443 of 2023 and W.M.P. (MD) Nos. 4157, 4159, 4164, 4166, 4174, 4177, 4158, 4161, 4165, 4167, 4172, 4176, 4162, 4163, 4169, 4171, 4181, 4183, 4173, 4168, 4184, 4185, 4186, 4187, 4170, 4175, 4178, 4179, 4180, 4182 of 2023 E.E.420 Sivasubramaniapuram Primary Agricultural Co-operative Credit Society, Main Road, Sivasubramaniyapuram, Koliyankulam (P.O.), Radhapuram Taluk, Tirunelveli District-627 116.
No.4429 of 2023 E.E.446, Kaadankulam Primary Main Road, Kaadankulam, Nanguneri Taluk, No.4430 of 2023 E.E.451, Samugarengapuram Primary 6/5, Main Road, Samugarengapuram, No.4431 of 2023 1/8
E.E.458,Puliaman Primary Puliaman, Radhapuram Taluk, No.4432 of 2023 E.E.427, Singaneri Primary 104, Mela Theru, Singaneri, Nanguneri Taluk, No.4433 of 2023 E.E.450, Kottaikarunkulam Primary Main Road, Kottaikarunkulam, Radhapuram Taluk, No.4434 of 2023 E.E.453, Paruthippadu Primary 12-B, Pillaiyar Kovil Street, Paruthipadu-627 354, Nanguneri Taluk No.4435 of 2023 E.E.435, Parappadi Primary 67-2/1, Chittoor Road, Parappadi-627 110, Nanguneri Taluk No.4436 of 2023 2/8
E.E.413, T.Karunkulam Primary Main Road, 8/58, Salaipudhur, Levinchipuram (P.O), No.4437 of 2023 E.E.462, Therkku Kallikulam Primary 15/4, Ammn Kovil Street, Therkku Kallikulam, Radhapuram Taluk, No.4438 of 2023 O.1722, Irraippuvari Pattarpuram Primary 122, Puthugulam, Emangulam Post, Nanguneri Taluk, No.4439 of 2023 O.647, Pandarakulam Primary 101, Main Road, Padarkulam, Kilavaneri Post, Radhapuram, No.4440 of 2023 3/8
E.E.430, Thalapathi Samuthiram Primary 94/4, Perumal Kovil Street, Thalapthisamuthiram Keelur, Tisayanvilai, Nanguneri Taluk, No.4441 of 2023 E.E.412, Radhapuram Primary 2/24, Vannarkulam, Radhapuram, No.4442 of 2023 E.E.421, Thisayanvilai Primary 671, Main Road, Tisayanvilai, No.4443 of 2023 Vs.
1.The Assistant Director of Income Tax, O/o.Assistant Director of Income Tax, Nellai City Centre, Tiruchendur Road, Rahmath Nagar, Tirunelveli-627 001.
2.The General Manager/Joint Registrar, The Tirunelveli District, Central Co-operative Bank Ltd., A.314/2690, Vannarpet, Tiruenelveli-627 003.
... Respondents in all Petitions 4/8
COMMON PRAYER: Writ Petitions filed under Article 226 of the constitution of India, to issue a Writ of Certiorari, calling for the entire records relating to the impugned circulars issued by the second respondent in Na.Ka.No.42/2020/B4 dated 24.06.2021 and Na.Ka.No.192/2015/B11 dated 25.03.2022 insofar as petitioner society is concerned quash the same. For Petitioners : Mr. R.Anbarasu For R1 : Mr. J.Parek Kumar Senior Panel Counsel For R2 : Mr. D.Shanmugaraja Sethupathy COMMON ORDER Heard Mr. R.Anbarasu, Learned Counsel appearing for the Petitioners Mr. J.Parek Kumar, Learned Senior Panel Counsel for the First Respondent and Mr. D.Shanmugaraja Sethupathy, Learned Counsel for the Second Respondent and perused the materials placed on record apart from the pleadings of the parties.
2.
These Writ Petitions have been filed challenging the Circular issued by the District Co-operative Banks informing the Petitioners about the enforcement of tax deduction at source as per Section 194-N of the Income Tax Act, 1961, for cash withdrawals exceeding Rs.1 Crore from their accounts from District Co-operative Banks.
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3.
It has been brought to notice that the Hon'ble Chief Minister, Government of Tamil Nadu has sent a letter dated 24.03.2020 to the Hon'ble Finance Minister, Government of India, and that the Chief Secretary, Government of Tamil Nadu, has sent a Letter in D.O. Lr. No. 15350/CC1/2022 dated 27.09.2022 to the Chairperson, Central Board of Direct Taxes, New Delhi, making requests to exempt the Primary Agricultural Co-operative Credit Societies and other Primary Co-operative Societies from the provisions of Section 194-N of the Income Tax, 1961, for the cash withdrawal exceeding Rs. 1 Crore from their accounts from District Co-operative Banks.
4.
In view of the same, Learned Counsel for the Petitioners seek permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioners to pursue the matter for exemption and if any adverse order is passed, to work out their remedies in that regard before the proper forum in the manner recognized by law and he has made endorsement to that effect in the court record.
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In view of the same, these Writ Petitions are dismissed as withdrawn with the aforesaid clarifications. Consequently, the connected Miscellaneous Petitions are closed. No costs.
02.03.2023 Index : Yes/No Internet : Yes/No ta Note: Issue order copy by 10.05.2023.
To 1.The Assistant Director of Income Tax, O/o.Assistant Director of Income Tax, Nellai City Centre, Tiruchendur Road, Rahmath Nagar, Tirunelveli-627 001.
2.The General Manager/Joint Registrar, The Tirunelveli District, Central Co-operative Bank Ltd., A.314/2690, Vannarpet, Tiruenelveli-627 003.
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P.D.AUDIKESAVALU,J.
ta W.P. (MD) Nos. 4429 to 4443 of 2023 02.03.2023 8/8