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2025 Supreme(Online)(Mad) 80055

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Krishnan Ramasamy, J
HH 574 MAZHAIYUR PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY LTD MAZHAIYUR VILLAGE AND POST - 604502 VANDAVASI TALUK, THIRUVANNAMALAI DISTRICT – Appellant
Versus
THE MANAGING DIRECTOR THIRUVANNAMALAI DISTRICT CENTRAL COOPERATIVE BANK LTD COLLECTORATE OFFICE, VENGIKKAL THIRUVANNAMALAI DISTRICT – Respondent


Advocates:
For the Appellants/Petitioners: Mr.B.Chellamuthu
For the Respondents: Mr.Ravi Kannan, Mr.Varun Ranganathan

Order

The challenge in this Writ Petition is to the notice issued by the second respondent against the petitioners, with regard to the deduction of

20% of the TDS for cash withdrawal from them by the petitioners.

2. Heard both sides and perused the materials on record.

3. This Court, in a similar Writ Petition, viz., in W.P.No.4679 of

2024, wherein, the challenge made to the notice issued by the second respondent to the petitioner therein, viz.,V.L.SPL.148, Mullandiram Primary Agricultural Cooperative Society was overruled by this Court by holding as under:-

'' 7. The challenge in this writ petition is to the notice issued in the form of information to the Petitioner Co- operative Society, wherein it has been stated that in the event, if the cash withdrawal exceeds the limit prescribed under the Act, they are bound to deduct TDS. At this juncture, it would be apposite to extract Section 194N of the IT Act, which reads as follows ''Every person, being- (i) a banking company to which the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution referred to in section 51 of that Act); (ii) a co-operative society engaged in carrying on the business of ban

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