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2023 (3) TMI 1387 - MADRAS HIGH COURTTDS u/s 194N - cash withdrawals exceeding Rs.1 and from their accounts from District Cooperative Banks - WP been filed seeking direction to the Central Government to consider the representation sent by the Chief Secretary, Government of Tamil Nadu to the Chairperson, Central Board of Direct Taxes and the Ministry of Finance, Government of India to accord exemption to the Primary Agricultural Cooperative Credit Societies in the State of Tamil Nadu from the provisions of Section 194-N and to consequently restrain the concerned authorities from taking any coercive steps for recovery of tax deduction at source of payments made by the District Central Co-operative Banks to the Primary Agricultural Co-operative Credit Societies in that regard. HELD THAT:- This Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) it shall be incumbent upon the Ministry of Finance, Government of India and the Central Board of Direct Taxes, New Delhi to immediately examine the representation in D.O. Lr No. 15350/CC1/2022 dated 27.09.2022 sent by the Chief Secretary, Government of Tamil Nadu; (ii) if it is found that any other details or supporting documents are necessary for granting the relief claimed had not been produced, the deficiencies in that regard shall be informed in writing to the concerned persons requiring the same to be furnished within a time frame of not less than 15 clear working days for the same; (iii) in the event of not being satisfied with the said requirements even thereafter, an enquiry shall be conducted affording full opportunity of hearing to the Government of Tamil Nadu and to all stakeholders through public notice to explain their views in that regard; (iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated to the Government of Tamil Nadu in writing under acknowledgment; and (v) the authorities under the Act shall be restrained from taking any coercive action for recovery of tax deduction at source u/s 194-N of the Act from the Primary Agricultural Co-operative Credit Societies in the State of Tamil Nadu till the aforesaid exercise is completed.
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