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Judgment
Heard learned Counsel for the petitioner.
Perused petition.
This petition is at the instance of an unregistered association, formed by the employees of the Reserve Bank of India, who have opted to retire under the "Optional Early Retirement Scheme" (OERS) framed by the Reserve Bank of India (RBI).
The petitioner-association has challenged the letter dated October 20, 2005 issued by the first respondent holding that the exemption u/s 10(10C) of the Income Tax Act, 1961 is not allowable with respect to ex gratia payment made to the employees of the Reserve Bank of India who have opted to retire under the "Optional Early Retirement Scheme", since the scheme did not conform to the provisions of Rule 2BA of the Income Tax Rules.
The petitioner-association is also seeking directions against the Income Tax Department not to initiate action against the employees in view of the alleged exemption u/s 10(10C) of the Act available to the members of the association with a further direction not to pass any rectification order u/s 154 of the Act and to recall the order, if passed with consequential orders to refund the amount of tax paid or recovered.
Having heard Mr. Patil, he does not dispute that in all individual cases, the assessees have filed appeals against the orders passed u/s 154 of the Act and such appeals are pending. In this view of the matter, considering the availability of the adequate and effective alternate remedy of appeal, this is not a fit case to entertain this petition at this stage. Even otherwise, an unincorporated association is not a legal person and as such this writ petition is not maintainable at the instance of the petitioner-association (see Sand Carrier''s Owner''s Union and others Vs. Board of Trustees for the Port of Calcutta and others, ).
In the above view of the matter, this petition stands dismissed in limine. Needless to mention that all contentions raised by the petitioner-association are kept open. No order as to costs.