A.2979 Thirumohur Primary Agricultural CoOperative Credit Society Ltd. & Ors. v. ITO & Ors.

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The Tax Publishers2024 TaxPub(DT) 1516 (Mad-HC) IN THE MADRAS HIGH COURT P. D. AUDIKESAVALU J. A.2979 Thirumohur Primary Agricultural Cooperative Credit Society Ltd. and others v. ITO and others W. P. (MD) Nos. 4499, 4536 and 4592 of 2023 and W. M. P. (MD) Nos. 4224, 4225, 4251, 4252, 4299 and 4300 of 2023 3 March, 2023 Petitioners by V. O. S. Kalaiselvam and S. Balamurugan, Advocates, Respondents by R. Baskaran, Additional Advocate General, assisted by A. Baskaran, Additional Government Pleader, Alaguram Jothi, Senior Panel Counsel, N. Dilipkumar and D. Shanmugaraja Sethupathy, Advocates, JUDGMENT *P. D. Audikesavalu J.* Heard Mr. V. O. S. Kalaiselvam,the learned counsel for the petitioners in W. P. (MD) Nos. 4499 and 4536of 2023, Mr. S. Balamurugan, the learned counsel for the petitioners in W.P. (MD) No. 4592 of 2023, Mr. N. Dilipkumar, the learned counsel takes notice for the first respondent in W. P. (MD) Nos. 4499 and 4536 of 2023 and fifth respondent in W. P. (MD) No. 4592 of 2023, Mr. D. Shanmugaraja Sethu-pathy, the learned counsel takes notice for the second respondent in W. P. (MD) Nos. 4499 and 4536 of 2023 and sixth respondent in W. P. (MD) No. 4592 of 2023 and Mr. R. Baskaran, the learned Additional Advocate General takes notice for the third and fourth respondent in all the writ petitions and perused the materials placed on record, apart from the pleadings of the parties. 2. The petitioners in these writ petitions are primary agricultural cooperative credit societies functioning across the State of Tamil Nadu and they are aggrieved by the enforcement of section 194N of the Income-tax Act, 1961 (hereinafter referred to as 'the Act' for short), by which tax has been imposed for withdrawal of payments above Rs. 1,00,00,000 by them. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2024 TaxPub(DT) 1516 (Mad-HC)

IN THE MADRAS HIGH COURT

P. D. AUDIKESAVALU J.

A.2979 Thirumohur Primary Agricultural Cooperative Credit Society Ltd. and others v. ITO and others

W. P. (MD) Nos. 4499, 4536 and 4592 of 2023 and W. M. P. (MD) Nos. 4224, 4225, 4251, 4252, 4299 and 4300 of 2023

3 March, 2023

Petitioners by V. O. S. Kalaiselvam and S. Balamurugan, Advocates,

Respondents by R. Baskaran, Additional Advocate General, assisted by A. Baskaran, Additional Government Pleader, Alaguram Jothi, Senior Panel Counsel, N. Dilipkumar and D. Shanmugaraja Sethupathy, Advocates,

JUDGMENT

P. D. Audikesavalu J.

Heard Mr. V. O. S. Kalaiselvam,the learned counsel for the petitioners in W. P. (MD) Nos. 4499 and 4536of 2023, Mr. S. Balamurugan, the learned counsel for the petitioners in W.P. (MD) No. 4592 of 2023, Mr. N. Dilipkumar, the learned counsel takes notice for the first respondent in W. P. (MD) Nos. 4499 and 4536 of 2023 and fifth respondent in W. P. (MD) No. 4592 of 2023, Mr. D. Shanmugaraja Sethu-pathy, the learned counsel takes notice for the second respondent in W. P. (MD) Nos. 4499 and 4536 of 2023 and sixth respondent in W. P. (MD) No. 4592 of 2023 and Mr. R. Baskaran, the learned Additional Advocate General takes notice for the third and fourth respondent in all the writ petitions and perused the materials placed on record, apart from the pleadings of the parties.

2. The petitioners in these writ petitions are primary agricultural cooperative credit societies functioning across the State of Tamil Nadu and they are aggrieved by the enforcement of section 194N of the Income-tax Act, 1961 (hereinafter referred to as 'the Act' for short), by which tax has been imposed for withdrawal of payments above Rs. 1,00,00,000 by them.