TMI Blog2018 (2) TMI 876X X X X Extracts X X X X X X X X Extracts X X X X ..... w cause notice. The decision arrived at while completing the assessment is not on the ground on which the petitioner was required to show cause. This would be sufficient to set aside the impugned proceedings. That apart, the respondent has passed the impugned order by drawing a distinction between different types of Cooperative Societies and has stated that the petitioner is involved in banking business though it is a cooperative society and tax has to be deducted at source. In fact, this very issue was considered in M/s The Coimbatore District Central Co-operative Bank case [2016 (1) TMI 370 - MADRAS HIGH COURT] . Respondent has not gone through the decision, copy of which was filed by the petitioner along with their reply to the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should be granted to the petitioner to challenge an assessment order by way of a writ petition. It is further submitted that if this Court is inclined to entertain the writ petition, then the Department should be permitted to file a detailed counter affidavit and arguments to be heard. 3.Both the submissions are not convincing for the reason that the respondent has ignored the decision of the Division Bench of this Court which is the jurisdictional Court within whose jurisdiction the respondent exercises its power. Secondly, if there is a palpable error apparent on the face of the impugned order which does not require a long drawn reasoning, this Court would be well within its jurisdiction to exercise its powers under Article 226 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner assessee has two categories of membership, namely, one open to LIC employees only and second category is associate membership. Both categories of members can deposit money into the petitioner Society but loan can be availed only by the LIC employee members. Further, it was stated that the amendment to Section 194A expressly provide that from a prospective date i.e. 01.06.2015 exemption has been provided. In this regard, reference was made to the circular issued by CBDT in Circular No.19/2015. Therefore, it was contended that the co-operative bank was not required to deduct tax at source from the payment of interest on time deposits of its members paid or credited before 01.06.2015. Reliance was placed on the decision of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent has not gone through the decision, copy of which was filed by the petitioner along with their reply to the show cause notice. The Assessing Officer was bound by the decision rendered by the jurisdictional High Court. It is stated that as on date there is no appeal by the revenue as against the decision in the case of Coimbatore District Central Cooperative Bank Ltd. That apart, in the assessee's own case for the previous assessment years, the Tribunal has held in favour of the petitioner assessee. 8.The learned senior counsel for the revenue submits that appeals have been preferred against the said orders. Mere pendency of an appeal would not amount to an order of stay. Therefore, even assuming appeals have been presented as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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