PERUR SERVICE COOPERATIVE BANK LIMITED, NO.F-1614, PALAKKAD REPRESENTED BY ITS SECRETARY SHRI SAT vs. ADDITIONAL /JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX INCOME TAX OFFICER,
What did the High Court hold?
The High Court did not decide the merits of the case. Since the petitioner had already availed a statutory remedy by filing an appeal before the Appellate Authority (2nd respondent), the High Court disposed of the writ petition. The Court directed the Appellate Authority to consider the appeal (Ext.P2) and pass orders at the earliest. Furthermore, the Court granted a stay on coercive steps against the petitioner pursuant to the assessment order (Ext.P1) until the disposal of the appeal. No specific issue was left undecided as the Court did not delve into the substantive grounds of appeal.
What were the facts?
The petitioner, The Perur Service Co-operative Bank Ltd., is a Primary Agricultural Credit Society registered under the Kerala Co-operative Societies Act, 1969. The Assessing Officer passed an order (Ext.P1) rejecting the petitioner's claim for deduction under Section 80P of the Income Tax Act. The reason for rejection was the alleged lack of evidence demonstrating that the petitioner satisfied the ingredients of a Primary Agricultural Credit Society as defined under the Kerala Co-operative Societies Act. The petitioner challenged this assessment order by filing an appeal (Ext.P2) before the Commissioner of Income Tax (Appeals), which is currently pending. The petitioner has approached the High Court by way of a writ petition seeking directions regarding the pending appeal.
What were the issues?
1. Whether the assessment order rejecting the claim for deduction under Section 80P of the Income Tax Act, based on the ground that the petitioner did not satisfy the ingredients of a Primary Agricultural Credit Society as contemplated under the Kerala Co-operative Societies Act, is sustainable? The assessee (petitioner) contends that the assessment order rejecting the deduction under Section 80P is erroneous. The assessee 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 challenge the assessment order. The revenue's contentions are not recorded in the judgment.
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
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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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