ANAD FARMERS SERVICE CO-OPERATIVE BANK LTD – NO. 919 vs. ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX /INCOME TAX OFFICER
What did the High Court hold?
The High Court directed the 1st respondent to provide the petitioner with a link to upload a stay application in their pending appeal (Ext. P4) expeditiously. Upon receiving the link, the petitioner was to upload the stay application within one week. The 1st respondent was then directed to consider the stay petition within one month, after hearing the petitioner, and pass appropriate orders. Until such orders were passed, all coercive steps pursuant to the assessment order (Ext. P1) were to be kept in abeyance. The writ petition was disposed of with these directions.
What were the facts?
The petitioner, Anad Farmers Service Co-operative Bank Ltd, is a primary agricultural credit co-operative society. It filed an online appeal (Ext. P4) before the 2nd respondent (Commissioner of Income Tax (Appeals)) challenging the assessment order (Ext. P1) passed by the 1st respondent (Additional/Joint/Deputy/Assistant Commissioner of Income Tax/Income Tax Officer). The assessment order denied the petitioner deduction under Section 80P of the Income Tax Act. While the appeal was pending, recovery proceedings were initiated against the petitioner based on Ext. P1. The petitioner sought a writ to restrain the 1st respondent from proceeding with recovery until the appeal was decided.
What were the issues?
1. Whether the petitioner is entitled to a stay of recovery proceedings initiated pursuant to the assessment order dated [Date not specified in judgment] pending disposal of their appeal before the Commissioner of Income Tax (Appeals)? Assessee's Contention: The petitioner argued that recovery proceedings were being initiated while their appeal against the assessment order was pending. They sought to restrain the revenue from proceeding with recovery until the appeal was disposed of. Revenue's Contention: The judgment does not record any specific contentions from the revenue regarding the stay of recovery proceedings. The focus of the judgment is on the procedural directions to facilitate the filing and consideration of a stay application.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT The petitioner, a primary agricultural credit co-operative society, has filed Ext.P4 online appeal before the 2nd respondent against Ext. P1 assessment order that the petitioner does not qualify for deduction under Section 80P of the Income Tax Act. During the pendency of the appeal, recovery proceedings are being initiated against the petitioner pursuant to Ext. P1. The petitioner seeks to restrain the 1st respondent from proceeding with the recovery pursuant to Ext. P1 till Ext. P4 appeal is disposed of by the 2nd respondent. There will be a direction to the 1st respondent to provide a link to the petitioner for uploading stay application in Ext. P4 appeal expeditiously and on being provided with the link, the petitioner shall upload the stay application within one week and the 1st respondent shall consider the stay petition within one month and pass appropriate orders thereon after hearing the petitioner. Till then, all coercive steps pursuant to Ext. P1 shall be kept in abeyance. The writ petition is disposed of. MURALI PURUSHOTHAMAN msp JUDGE
WP(C) NO. 14618 OF 2023 3
Appendix — schedule of exhibits
More judgments on Section 80P
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- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
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- 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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