KALLIAD SERVICE CO-OPERATIVE BANK LTD vs. ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER, NATIONAL FACELESS
What did the High Court hold?
The High Court held that there was considerable merit in the petitioner's contention. The Court found that since the claim for deduction under Section 80P was decided based on a High Court Full Bench judgment that was subsequently reversed by the Supreme Court in Mavilayi Service Co-operative Bank Ltd v. CIT, the assessment order (Ext.P4) was liable to be set aside. The Court directed the Assessing Officer to pass fresh assessment orders after considering the Supreme Court's judgment and affording the petitioner a further opportunity of hearing. The operative direction was to quash Ext.P4 to enable reconsideration. No specific issue was left undecided.
What were the facts?
The petitioner, Kalliad Service Co-operative Bank Ltd, filed a writ petition before the High Court of Kerala challenging an order of assessment (Ext.P4). The petitioner's claim for deduction under Section 80P of the Income Tax Act, 1961, was decided by the Assessing Officer based on a Full Bench judgment of the High Court. However, this High Court judgment was subsequently reversed by the Supreme Court in the case of Mavilayi Service Co-operative Bank Ltd v. CIT. The petitioner argued that the assessment order, relying on a now-overturned High Court precedent, was erroneous. The respondents are the Additional/Joint/Deputy/Assistant Commissioner of Income Tax and the Principal Commissioner of Income Tax.
What were the issues?
1. Whether the assessment order, which relied on a Full Bench judgment of the High Court that was subsequently reversed by the Supreme Court, is liable to be set aside, concerning the claim for deduction under Section 80P of the Income Tax Act, 1961? Assessee's Contentions: The petitioner contended that the assessment order was passed based on a High Court Full Bench judgment which has since been reversed by the Supreme Court in Mavilayi Service Co-operative Bank Ltd v. CIT. Therefore, the assessment order is flawed and requires reconsideration. Revenue's Contentions: The revenue's contentions are not explicitly recorded in the judgment. The judgment states that the learned counsel appearing for the respondent Department was heard.
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 has approached this Court being aggrieved by the fact that the claim of the petitioner for deduction under Section 80P of the Income Tax Act, 1961 has been decided on the basis of a full bench judgment of this Court, which has been reversed by the Supreme Court by the judgment reported as Mavilayi Service Co-operative Bank Ltd v. CIT [431 ITR 1 (SC)].
Heard the learned counsel appearing for the respondent Department also.
Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent Department and having perused Ext.P4 order of assessment, I am of the view that there is considerable merit in the contention taken by the learned counsel for the petitioner that since the claim of the petitioner for deduction under Section 80P of the Income Tax Act, 1961 has been decided on the basis of a full bench judgment of this Court, which has been reversed by the Supreme Court through the judgment referred to above, the assessment order is to be set aside and a direction is to be issued to the 1st respondent to pass fresh
WP(C) NO. 37624 OF 2022 3 orders of assessment after taking note of the judgment of the Supreme Court referred to above and also after affording to the petitioner a further opportunity of hearing. The fresh assessment order shall be passed without undue delay. To enable the re-consideration of the matter, as above, Ext.P4 order of assessment is quashed. The writ petition will stand disposed of as above. GOPINATH P. JUDGE DK
WP(C) NO. 37624 OF 2022 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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