Enanalloor Service Co-Operative Bank Ltd. v. ITO(Int) (2020) 426 ITR 180 / 194 DTR 189/(2021) 276 Taxman 368 (Ker) (HC)

S. 133 : Power to call for information – Survey – Notifications Dt. 19-8-2011 and 1-11-2011 -ITO (Intelligence) has power to issue notices to Co-Operative Banks [ S.120, 133(6) ]

Thirty four appeals were preferred by various co-operative banks impugning the action of the ITO(Intelligence), calling for information under S.  133(6) . All the banks remained unsuccessful before the CIT (A) as well as the Income-tax Appellate Tribunal. On appeals   dismissing the appeals the Court held that  that the procedure prescribed under sub-section (6) of S. 133 was akin to a survey in order to ascertain whether the co-operative banks failed to disclose information with regard to receipts of more than Rs. 5 lakhs within three immediate assessment years. The appellants did not provide any information on receipt of the notices. The notices were valid. ( Referred Kathiroor Service Co-operative Bank Ltd. v. CIT(CIB)(2014) 360 ITR 243(SC)
Kodur Service Co-operative Bank Ltd. v. DIT (Intelligence)(2014) 367 ITR 22 (Ker ) (HC) (Notification dt. 19-8 2011 ) [2011] 338 ITR (St.) 2) and 11-1-2011)