THE CHERPALACHERI SERVICE CO-OPERATIVE BANK LTD, PALAKKAD, REPRESENTED BY ITS SECRETARY, SMT. PRE vs. 1. 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 the merits of the case. Instead, it noted that the petitioner has already availed a 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. The Court also directed that no coercive steps shall be taken against the petitioner pursuant to the assessment order (Ext.P1) until the disposal of the appeal. No specific finding was made on the eligibility for deduction under Section 80P, as the appeal is yet to be adjudicated.
What were the facts?
The petitioner, Cherpalacheri Service Co-operative Bank Ltd., a Primary Agricultural Credit Society, is challenging an assessment order (Ext.P1) that rejected its claim for deduction under Section 80P of the Income Tax Act. The rejection was based on the ground that the petitioner did not satisfy the ingredients of a Primary Agricultural Credit Society as defined under the Kerala Co-operative Societies Act. The petitioner relies on the Supreme Court judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax. An appeal (Ext.P2) has been filed by the petitioner and is pending before the 2nd respondent, the Commissioner of Income Tax (Appeals), NFAC. This writ petition was filed before the High Court of Kerala.
What were the issues?
1. Whether the petitioner, a Primary Agricultural Credit Society, is eligible for deduction under Section 80P of the Income Tax Act, considering the criteria for such societies under the Kerala Co-operative Societies Act. The assessee argues that it is a Primary Agricultural Credit Society and therefore entitled to the deduction. The revenue's position, as reflected in the assessment order, is that the petitioner has not satisfied the ingredients of a Primary Agricultural Credit Society as contemplated under the Kerala Co-operative Societies Act, thus disentitling it to the deduction. The assessee relies on the Supreme Court judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax.
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 is a Primary Agricultural Credit Society registered under the Kerala Co-operative Societies Act, 1969. The petitioner has been assessed for tax as per Ext.P1 order rejecting the claim for deduction made under Section 80P of Income Tax Act on the ground that there was no evidence to show that the petitioner has satisfied the ingredients of the Primary Agricultural Credit Society as contemplated under the Kerala Co-operative Societies Act.
Reliance is placed 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 challenge the assessment order. The petitioner has preferred Ext.P2 appeal and the same is pending before the 2nd respondent.
Since the petitioner has already availed a statutory remedy, this writ petition is disposed of directing the Appellate Authority to consider the appeal and pass orders on the same at the earliest.
The respondent shall not take any coercive steps against the petitioner pursuant to Ext.P1 assessment order till the disposal of Ext.P2 appeal. T.R.RAVI JUDGE SKP/24-01
Appendix — schedule of exhibits
More judgments on Section 80P
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- Shri Na vs Ari Khedut Sahkari Society Ltd…ITA 362/SRT/2025[2016-17]Status: Disposed9 Oct 2026AY 2016-17
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