PEROORKADA SERVICE CO-OPERATIVE BANK LIMITED vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court disposed of the writ petition by directing the National Faceless Appeal Centre to provide a link to the petitioner for uploading stay petitions within one month of receiving a copy of the judgment. If the petitioner files stay applications within 10 days of the link being provided, the recovery steps for amounts due under the assessment orders for assessment years 2012-2013 and 2018-2019 will remain suspended until a decision is taken on the stay petitions. The court did not decide on the merits of the Section 80P deduction claim or the validity of the assessment orders themselves, but rather focused on the procedural aspect of enabling the petitioner to file stay applications and suspending recovery pending a decision on those applications. The ratio is that in cases where appeals are pending and stay applications are to be filed, recovery should be deferred until the stay applications are decided, provided the petitioner acts promptly.
What were the facts?
The petitioner, Peroorkada Service Co-operative Bank Limited, is challenging assessment orders for assessment years 2012-2013 and 2018-2019. The assessing authority rejected the petitioner's claim for deduction under Section 80P of the Income Tax Act. Appeals were filed against these assessment orders. The petitioner's grievance is that demands for payment have been made despite the appeals pending before the appellate authority. The petitioner also states that stay applications filed before the assessing authority were granted only upon payment of 20% of the assessed amount. The petitioner contends that the denial of Section 80P deduction was erroneous and that no demand would have arisen if the matter had been properly considered.
What were the issues?
1. Whether the petitioner is entitled to a deduction under Section 80P of the Income Tax Act, 1961, for the assessment years 2012-2013 and 2018-2019. 2. Whether the demands for payment of amounts due under the assessment orders are premature given that appeals are pending. Assessee's Contentions: The petitioner argues that the deduction under Section 80P was wrongly denied. They contend that if the deduction had been correctly allowed, there would be no demand outstanding. Therefore, the demands made are unjustified. Revenue's Contentions: The judgment records that the learned Standing Counsel appearing for the Income Tax Department was heard. No specific arguments or reliance on authorities by the revenue are detailed in the judgment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cited by 24 judgments on BharatTax
See all citing judgments →Counted from the text of the judgments hosted here. Most recent first.
- Brihanmumbai Police Karmachari Sahakari Patsanstha Maryadit, Mumbai v. Income Tax Officer. Ward 20(1)(1)…Mumbai · 2025-12-24
- Brihanmumbai Police Karmachari Sahakari Patsanstha Maryadit, Mumbai v. Income Tax Officer. Ward 20(1)(1)…Mumbai · 2025-12-24
- Brihanmumbai Police Karmachari Sahakari Patsanstha Maryadit, Mumbai v. Income Tax Officer. Ward 20(1)(1)…Mumbai · 2025-12-24
- Brihanmumbai Police Karmachari Sahakari Patsanstha Maryadit, Mumbai v. Income Tax Officer. Ward 20(1)(1)…Mumbai · 2025-12-24
- Brihanmumbai Police Karmachari Sahakari Patsanstha Maryadit, Mumbai v. Income Tax Officer. Ward 20(1)(1)…Mumbai · 2025-12-24
Cause title — parties, addresses and appearances
J U D G M E N T The petitioner suffered orders of assessment for assessment year 2012-2013 (Ext.P1) and for assessment year 2018-2019 (Ext.P8) under the provisions of the Income Tax Act, 1961. The petitioner's claim for deduction under Section 80P of the Income Tax Act was rejected by the assessing authority. The petitioner has filed Ext.P3 appeal against Ext.P1 assessment order and Ext.P10 appeal against Ext.P8 assessment order. The grievance of the petitioner is that even when the appeals were pending consideration of the appellate authority, demands have been made for payment of amounts due under Ext.P1 and P8 assessment orders. It is also the case of the petitioner that though the petitioner filed applications for stay before the assessing authority, such stay was permitted only on payment of 20% of the assessed amount. It is the case of the petitioner that deduction under Section 80P of the Act was wrongly denied and has matter been properly considered the petitioner would not have faced any demand whatsoever.
Heard the learned Standing counsel appearing for the Income Tax Department also.
Having regard to the facts and circumstances of the case and considering the orders issued by this court in similar circumstances, this writ petition is disposed of directing the National Faceless Appeal Centre to provide a link to the petitioner for uploading stay petition in Ext.P3 and Ext.P10 appeals within a period of one month from the date of receipt of a copy of this judgment. If the petitioner files applications for stay within 10 days from the date on which the link is provided by the National Faceless Appeal Centre, steps for recovery of any -3- amount due under Ext.P1 and P8 orders of assessment for assessment years 2012- 13 and 2018-19 respectively shall remain suspended till a decision is taken on the stay petitions filed by the petitioner. GOPINATH P. JUDGE AMG -4-
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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