THE MUNDUR SERVICE CO-OPERATIVE BABK LTD. NO.F 1650, vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court disposed of the writ petition by directing the 3rd respondent (Income Tax Appellate Tribunal) to consider and pass orders on the petitioner's appeal (Ext.P3) within an outer time limit of six months from the date of receipt of the judgment, after hearing the petitioner. The Court also ordered that recovery steps for the amounts confirmed against the petitioner by Exts.P1 and P2 orders shall be kept in abeyance until such time as the Tribunal passes its orders and communicates them to the petitioner. The petitioner was directed to furnish a copy of the judgment and the writ petition to the 3rd respondent. The specific merits of the Section 80P deduction were not decided by the High Court, as the matter was disposed of on procedural grounds.
What were the facts?
The petitioner, The Mundur Service Co-Operative Bank Ltd., filed a writ petition before the High Court of Kerala challenging assessment orders. The petitioner had an appeal rejected by the First Appellate Authority (Ext.P2) against an assessment order (Ext.P1). Subsequently, the petitioner filed an appeal (Ext.P3) along with a stay petition (Ext.P4) before the Income Tax Appellate Tribunal (3rd respondent). The core issue pertains to the permissibility of deduction under Section 80P of the Income Tax Act concerning Co-Operative Societies. The petitioner contended that similar matters have seen High Court directions for appellate authorities to decide appeals and grant stay of recovery.
What were the issues?
1. Whether the High Court should direct the Income Tax Appellate Tribunal to consider and pass orders on the petitioner's appeal against the assessment order and the order of the First Appellate Authority, and grant a stay of recovery proceedings pending disposal of the appeal. Assessee's Contentions: The petitioner argued that the appeal before the Tribunal concerns the deduction under Section 80P of the Income Tax Act applicable to Co-Operative Societies. They relied on previous High Court judgments where similar directions were issued to appellate authorities to decide appeals and stay recovery proceedings in the interim. Revenue's Contentions: No specific contentions were recorded for the revenue 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
Against Ext.P1 assessment order under the Income Tax Act, the petitioner preferred an appeal before the First Appellate Authority but the same was rejected by Ext.P2 order. Aggrieved by the said order, the petitioner preferred Ext.P3 appeal along with Ext.P4 stay petition before the 3rd respondent. It is the contention of the learned counsel for the petitioner that the issue involved in the appeal is the permissibility of deduction under Section 80P of the Income Tax Act in its application to Co-Operative Societies. It is pointed out that in similar matters this Court has directed the appellate authority to consider and pass orders in the appeal and stayed the recovery proceedings, in the meanwhile.
I have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel appearing for the respondents. On a consideration of the facts and circumstances of the case and the submissions made across the Bar and the finding that in similar cases this Court has granted stay of recovery proceedings, pending disposal of the appeal by the appellate authority, I dispose the writ petition by directing the 3rd respondent to consider and pass orders on Ext.P3 appeal preferred by the petitioner within an outer time limit of six
WP(C).No.20106 OF 2020(K) 3 months from the date of receipt of a copy of this judgment, after hearing the petitioner. I also make it clear that till such time as orders are passed by the 3rd respondent in the appeal as directed above and the orders communicated to the petitioner, recovery steps for recovery of amounts confirmed against the petitioner by Exts.P1 and P2 orders shall be kept in abeyance. The petitioner shall produce a copy of this judgment together with a copy of the writ petition before the 3rd respondent for further action. A.K.JAYASANKARAN NAMBIAR
JUDGE mns/28.9.2020
WP(C).No.20106 OF 2020(K) 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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