THE NADATHARA FARMERS SERVICE CO-OPERATIVE BANK LTD. NO.3499 vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court of Kerala, while hearing the writ petition, noted that the petitioner had already filed an appeal (Ext.P4) against the assessment order (Ext.P2) before the Income Tax Appellate Tribunal, and this appeal was pending consideration. The Court did not decide on the merits of the petitioner's claim regarding Section 80P or the applicability of the Supreme Court's judgment in Mavilayi Service Co-operative Bank Ltd. Instead, the Court deemed it fit to dispose of the writ petition by directing the Income Tax Appellate Tribunal (referred to as the 2nd respondent) to consider and pass appropriate orders on the pending appeal expeditiously, within a period of 2 months from the date of receipt of a copy of the judgment. Furthermore, the Court directed that no coercive steps shall be initiated against the petitioner pursuant to the assessment order until the disposal of the appeal. The primary finding is procedural: to expedite the resolution of the appeal.
What were the facts?
The petitioner, The Nadathara Farmers Service Co-operative Bank Ltd. No. 3499, a Primary Agricultural Credit Society registered under the Kerala Co-operative Societies Act, 1969, is challenging an assessment order (Ext.P2). The Assessing Officer rejected the petitioner's claim for deduction under Section 80P, stating there was no evidence that the petitioner satisfied the ingredients of a Primary Agricultural Credit Society as defined by the Kerala Co-operative Societies Act. The petitioner appealed this order (Ext.P4) before the Commissioner of Income Tax (Appeals), arguing that the Supreme Court's judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax; 2021 (1) KLT 485 now governs the field and renders the assessment incorrect. This writ petition was filed as the appeal was pending before the Income Tax Appellate Tribunal (referred to as the 2nd respondent in the petition, though the judgment clarifies it's the Tribunal).
What were the issues?
1. Whether the assessment order, which rejected the deduction under Section 80P on the ground of insufficient evidence regarding the petitioner's status as a Primary Agricultural Credit Society, is valid in light of the Supreme Court's judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax; 2021 (1) KLT 485. Assessee's Contention: The petitioner argues that the Supreme Court's judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax; 2021 (1) KLT 485 governs the present case and renders the assessment order incorrect. The petitioner has already preferred an appeal (Ext.P4) before the Income Tax Appellate Tribunal. Revenue's Contention: The judgment does not record any specific contentions from the revenue in this writ petition. The assessment order itself rejected the deduction under Section 80P 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.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
of this judgment.
Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuant to Ext.P2 order of assessment. The writ petition is disposed of as above. GOPINATH P. JUDGE RMV
W.P. (C) No. 38278 of 2022 ..4.. APPENDIX OF WP(C) 38278/2022 PETITIONER EXHIBITS Exhibit P1 AOF THE CERTIFICATE OF REGISTRATION DATED 30-12-2016 ISSUED BY THE DEPUTY REGISTRAR OF CO- OPERATIVE SOCIETIES, THRISSUR Exhibit P2 AOF THE ASSESSMENT ORDER FOR THE YEAR 2020-2021 DATED 23.09.2022 Exhibit P3 AOF THE DEMAND NOTICE NO.ITBA/AST/S/156/2022-23/1045879350(1) DATED 23.09.2022 Exhibit P4 AOF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 21.10.2022 Exhibit P4(a) AOF THE STAY PETITION FILED BEFORE THE 2ND RESPONDENT DATED 21.10.2022 Exhibit P5 AOF THE JUDGMENT DATED 19.07.2019 IN W.A.NO.1639/2019 RESPONDENTS' EXHIBITS:NILP.A.TO JUDGE
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
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- 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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