MUTTATHARA SERVICE CO-OPERATIVE BANK LTD, TC 42/942(1) vs. THE CENTRAL BOARD OF DIRECT TAXES
What did the High Court hold?
The High Court directed the 3rd respondent (Commissioner of Income Tax (Appeals)) to consider the stay petition (Ext.P3) expeditiously, within two months from the date of receiving the judgment. The Court further ordered that all recovery proceedings pursuant to the penalty order (Ext.P1) and the notice under Section 156 (Ext.P4) shall be deferred until orders are passed on the stay petition. The writ petition was disposed of with this direction. The High Court did not decide on the merits of the penalty or the deduction claim, focusing solely on the procedural aspect of recovery pending appeal.
What were the facts?
The petitioner, Muttathara Service Co-operative Bank Ltd., is an assessee under the Income Tax Act, 1961. For assessment year 2017-2018, it claimed deduction under Section 80P. The assessment was completed by rejecting this claim, and a penalty order under Section 271AAC(1) was issued. The petitioner filed a statutory appeal under Section 246A before the Commissioner of Income Tax (Appeals) and a stay petition. Despite the pending appeal and stay petition, the Assessing Authority issued a notice under Section 156 for recovery. Aggrieved by this, the petitioner approached the High Court.
What were the issues?
1. Whether the recovery proceedings initiated by the Assessing Authority are premature and ought to be deferred pending the decision on the stay petition filed before the Commissioner of Income Tax (Appeals)? (Question of law and fact, concerning the procedural propriety of recovery actions). Assessee's Contention: The assessee argued that recovery proceedings should be stayed as they have filed a statutory appeal and a stay petition before the appellate authority. They contended that issuing recovery notices while these are pending is improper. Revenue's Contention: The judgment does not record any specific contentions from the revenue regarding this issue. The revenue's actions, as described, were to issue the recovery notice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Cause title — parties, addresses and appearances
JUDGMENT The petitioner Co-operative society is an assessee under the Income Tax Act, 1961 (for short, ‘the Act’). For the assessment year 2017- 2018, the petitioner filed return claiming deduction under Section 80(P) of the Act. However, the assessment was completed by rejecting the claim for deduction and Ext.P1 penalty order under Section 271AAC(1) of the Act was passed. The petitioner filed Ext.P2 appeal before the 3rd respondent under Section 246A of the Act. Along with Ext.P2, Ext.P3 stay petition was also filed. However, the 2nd respondent, the Assessing Authority issued Ext.P4 notice under Section 156 of the Act, pursuant to Ext.P1 order. Aggrieved by the same, the petitioner has approached this Court.
WP(C).No.18686 OF 2024 3
Ext.P2 is a statutory appeal. There will be a direction to the 3rd respondent to consider Ext.P3 stay petition, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Till orders are passed on the stay petition, all recovery proceedings pursuant to Exts.P1 and P4 shall be deferred. The writ petition is disposed of with the above direction. MURALI PURUSHOTHAMAN JUDGE SPR
WP(C).No.18686 OF 2024 4
Appendix — schedule of exhibits
More judgments on Section 80P
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
- Shri Na vs Ari Khedut Sahkari Society Ltd…ITA 362/SRT/2025[2016-17]Status: Disposed9 Oct 2026AY 2016-17
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