Lawyer who is well aware of sections 80p & 133(6) it act
Querist :
Anonymous
(Querist) 22 July 2018
This query is : Resolved
We represent the co-operative movement in Kerala. Co-operative Societies is facing tough time from the year 2000 onwards due to notices issued by Income tax department under various Sections of Income Tax Act 1961. Conflicting decisions are being made by appellate authorities and even High Court only because the legal experts are not well aware of the factual situation. This has resulted in thousands of litigations causing waste of money, manpower, stationery and valuable time of Courts, ITAT, Income Tax Department and Co-operatives. For example, interpretation of Sections 80P, 56, 68 and 40 a(ia) being made by the Department, ITAT and of course the High Court is different from that of the well settled position of law in other States. There are situations that conflicting decisions are forthcoming from the same authority. As a result, the public exchequer has already lost thousands of Crores of Rupees in these litigations which could have been avoided if the concerned authorities had a clear perspective on the decisions of the Apex Court and various High courts in other States. We hope that CBDT will look into the matter urgently so as to take necessary action in order to prevent unnecessary disputes between Department and Co-operatives on settled position of law.
Now roving enquiries calling for voluminous information from co-operatives are being made by the Department u/s 133(6) for no particular reason taking advantage of the decision of the Apex court in Kathiroor Service Co-operative Bank vs. ITO, Kannur.
We would like to hear the opinion of our experts and request them to suggest a few names of lawyers who would be suitable to handle our cases in High Court and Supreme Court.
R.K Nanda
(Expert) 22 July 2018
Search Google for it.
