Corporation Bank Officers v. Union Of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2015

CORAM:

THE HONOURABLE Mr. JUSTICE S.MANIKUMAR and THE HONOURABLE Ms. JUSTICE V.M.VELUMANI W.P.(MD)No.4397 of 2015 and M.P.(MD)No.1 of 2015 Corporation Bank Officers' Organisation, Rep.by its Deputy General Secretary, B.Sridhar ... Petitioner Vs.

1.The Secretary to Government, Union of India, Ministry of Finance, New Delhi.

2.The Central Board of Direct Taxes, North Block, New Delhi 110 001.

3.The Chief Commissioner of Income Tax, Ayakar Bhavan, Nungambakkam, Chennai 600 034.

4.The Corporation Bank, Head Office, Mangaladevi Temple Road, Pandeshwar, Mangalore, Karnataka 575 001.

5.The Corporation Bank, Zonal Office, 174, 10th Cross (West) I Floor, Sivajisethi Complex, Thillai Nagar, Tiruchirappalli.

... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of declaration, declaring Section 17(2)(vi) of the Income Tax Act, 1961 and Rule 3(7)(i) of the Income Tax Rules, 1962 and consequentially para 5 r/w sub para 5 in Annexure II to the circular dated 11.11.2014 (H.O.Circular No.803/2014) bearing No.19.00/20/2014 issued by the 4th respondent are unconstitutional, ultra vires and therefore, null and void. For Petitioner : Mr.Srinath Sridevan For Respondents : Mr.Jeyachandran for R1 https://hcservices.ecourts.gov.in/hcservices/

M/s.S.Srimathy for R2 and R3 Mr.K.Jagadesan for R4 and R5

O R D E R

(Order of this Court was made by S.MANIKUMAR,J.) The learned counsel for the petitioner seeks permission to withdraw the Writ petition. He has also made an endorsement and submitted a letter to that effect. Recording the submission, this Writ petition is dismissed as withdrawn. No leave is granted to file fresh Writ petition on the same cause of action. No costs. Consequently, connected M.P.is closed.

` Sd/- Assistant Registrar(Per.Admn) /True Copy/ Sub-Assistant Registrar To 1.The Secretary to Government, Union of India, Ministry of Finance, New Delhi.

2.The Central Board of Direct Taxes, North Block, New Delhi 110 001.

3.The Chief Commissioner of Income Tax, Ayakar Bhavan, Nungambakkam, Chennai 600 034.

4.The Corporation Bank, Head Office, Mangaladevi Temple Road, Pandeshwar, Mangalore, Karnataka 575 001.

5.The Corporation Bank, Zonal Office, 174, 10th Cross (West) I Floor, Sivajisethi Complex, Thillai Nagar, Tiruchirappalli.

+One cc to Mr.Srinath Sridevan, Advocate, SR.No.34519 +One cc to Mr.K.Jegadeesan, Advocate, SR.No.34442 +One cc to Mr.S.M.S.Johnny Basha, Advocate, SR.No.34581 nbj RL/9c - 9/7/2015 W.P.(MD)No.4397 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 29.06.2015