M/S. AKATHETHARA SERVICE CO-OPERATIVE BANK LTD. vs. THE ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER
What did the High Court hold?
The High Court of Kerala did not decide on the merits of the assessment order or the appeal. Instead, the Court found it appropriate to dispose of the writ petition by directing the appellate authority (the 2nd respondent) to consider and pass appropriate orders on the pending appeal (Ext.P2) expeditiously. The Court directed the 2nd respondent to dispose of the appeal within a period of 2 months from the date of receipt of a copy of the judgment. Furthermore, the Court ordered that no coercive steps shall be initiated against the petitioner pursuant to the assessment order (Ext.P1) until the disposal of the appeal. The primary finding is that the appeal needs to be heard and decided by the appellate authority.
What were the facts?
The petitioner, M/s. Akatethara Service Co-operative Bank Ltd., a Primary Agricultural Credit Society, received an assessment order (Ext.P1) from the respondent revenue. The assessment order rejected the petitioner's claim for deduction under Section 80P. The reason cited was the lack of evidence demonstrating that the petitioner met the criteria of a Primary Agricultural Credit Society as defined by the Kerala Co-operative Societies Act. The petitioner challenged this assessment order by filing an appeal (Ext.P2) before the second respondent, the National Faceless Appeal Centre, Delhi. The petitioner relied on the Supreme Court judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax to argue that the assessment itself was incorrect. The present writ petition was filed before the High Court of Kerala seeking a direction for the expeditious disposal of the pending appeal.
What were the issues?
1. Whether the assessment order rejecting the deduction under Section 80P on the ground of insufficient evidence regarding the petitioner's status as a Primary Agricultural Credit Society is correct? (Question of law and fact, concerning Section 80P of the Income Tax Act, 1961). Assessee's contentions: The petitioner argued that the assessment itself was incorrect, relying on the Supreme Court's judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax. The petitioner had already filed an appeal against the assessment order. Revenue's contentions: The judgment does not record any specific contentions from the revenue in this writ petition. The assessment order itself rejected the deduction, stating there was no evidence to show the petitioner satisfied the ingredients of a Primary Agricultural Credit Society.
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 Petitioner is a Primary Agricultural Credit Society registered under the Kerala Co-operative Societies Act, 1969. Ext.P1 order of assessment was issued against the petitioner. In the assessment order, petitioner's claim for deduction under Section 80P was rejected on the ground that there was no evidence to show that the petitioner satisfied the ingredients of the Primary Agricultural Credit Society as contemplated under the Kerala Co-operative Societies Act.
While assailing the assessment order before the 2nd respondent, petitioner relied on the judgment of the Supreme Court in Mavilayi Service Co- operative Bank Ltd. v. Commissioner of Income Tax; 2021 (1) KLT 485 to submit that the assessment itself is incorrect.
Since the petitioner has already preferred an appeal as Ext.P2 and the same is pending consideration before the 2nd respondent, I deem it fit that this writ petition be disposed of directing the 2nd respondent to consider the appeal in a time bound manner.
Accordingly, there will be a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P2, as expeditiously as possible within a period of 2 months from the date of receipt of a copy of this judgment.
Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuant to Ext.P1. T.R.RAVI JUDGE SKP/06-02
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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