THE RAMAPURAM SERVICE CO-OPERATIVE BANK LIMITED vs. THE NATIONAL FACELESS APPEAL CENTRE,

WP(C)/3332/2023HC KeralaKLHC01008060202302 February 2023Author: HONOURABLE MR. JUSTICE T.R.RAVI4 pages
AI SummaryRemanded

What were the facts?

The petitioner, Ramapuram Service Co-operative Bank Limited, a Primary Agricultural Credit Co-operative Society, received an assessment order (Ext.P1) disallowing a deduction claimed under Section 80P of the Income Tax Act. The Assessing Officer's rationale was that the petitioner did not satisfy the criteria of a Primary Agricultural Credit Society as defined under the Kerala Co-operative Societies Act. The petitioner challenged this order by filing an appeal (Ext.P2) before the National Faceless Appeal Centre, which was pending. The petitioner then filed a writ petition before the High Court of Kerala seeking a direction for the early disposal of their appeal and a stay on coercive steps.

What did the High Court hold?

The High Court did not decide the merits of the case. Instead, it noted that the petitioner had already availed the statutory remedy by filing an appeal (Ext.P2) before the appellate authority. Therefore, the Court disposed of the writ petition by directing the Appellate Authority to consider and pass orders on the appeal at the earliest. Additionally, the Court ordered that no coercive steps would be taken against the petitioner pursuant to the assessment order (Ext.P1) until the appeal was disposed of. The specific findings on the eligibility for deduction under Section 80P were not addressed by the High Court in this writ proceeding.

What were the issues?

1. Whether the petitioner, a Primary Agricultural Credit Co-operative Society, is eligible for deduction under Section 80P of the Income Tax Act, 1961, when the assessing officer found that it did not satisfy the ingredients of a Primary Agricultural Credit Society as contemplated under the Kerala Co-operative Societies Act. Assessee's Contention: The petitioner argues that the assessment order is erroneous and relies on the judgment of the Hon'ble Supreme Court in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax; 2021 (1) KLT 485 to support its claim for deduction. Revenue's Contention: The revenue, through the assessing officer, rejected the deduction on the grounds stated in the assessment order, implying that the petitioner failed to meet the statutory requirements for the deduction.

Which sections of the Income-tax Act were involved?

Section 80P

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THUR AY, THE 2ND DAY OF FEBRUARY 2023 / 13TH MAGHA, 1944 WP(C) NO. 3332 OF 2023 NAME AND ADDRESS OF THE PETITIONER: THE RAMAPURAM SERVICE CO-OPERATIVE BANK LIMITED LTD NO. F 1445, RAMAPURAM, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY- 679321. BY ADV O.D.SIVADAS NAME AND ADDRESS OF THE RESPONDENTS: 1 THE NATIONAL FACELESS APPEAL CENTRE, INCOME TAX DEPARTMENT, NEW DELHI- 110001, REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER. 2 THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE, INCOME TAX DEPARTMENT, NEW DELHI - 110001 3 THE INCOME TAX OFFICER, AYKAR BHAVAN, WARD 4, TIRUR, MALAPPURAM DISTRICT , PIN 676 001. BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 3332 OF 2023 2 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.3332 of 2023 -------------------------------------------- Dated this the 02nd day of February, 2023 JUDGMENT The petitioner is a Primary Agricultural

The order continues below.

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