THE PUNNAYUR PANCHAYAT SERVICE CO-OPERATIVE BANK LTD NO.P.584 vs. THE COMMISSIONER OF INCOME TAX (APPEALS)
What did the High Court hold?
The High Court of Kerala, while acknowledging the pendency of the appeal filed by the petitioner (Ext.P3) before the first respondent (Commissioner of Income Tax (Appeals)), deemed it appropriate to dispose of the writ petition by directing the Appellate Authority to consider the appeal expeditiously. The Court issued a direction to the first respondent to consider and pass appropriate orders on Ext.P3 as expeditiously as possible. Furthermore, the Court ordered that no coercive steps shall be initiated against the petitioner pursuant to the assessment order (Ext.P1) until the disposal of the appeal. The High Court did not decide on the merits of the Section 80P deduction claim itself, leaving that to the appellate authority.
What were the facts?
The petitioner, The Punnaur Panchayat Service Co-operative Bank Ltd., a Primary Agricultural Credit Society, received an assessment order dated August 2, 2022. The assessing officer rejected the bank'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 challenged this assessment order before the Commissioner of Income Tax (Appeals), the first respondent. The petitioner argued that the Supreme Court's judgment in Mavilayi Service Cooperative Bank Ltd. v. Commissioner of Income Tax, delivered prior to the assessment order, was not considered by the assessing officer.
What were the issues?
1. Whether the assessing officer erred in rejecting the petitioner's claim for deduction under Section 80P of the Income Tax Act, 1961, by failing to consider the ingredients of a Primary Agricultural Credit Society as contemplated under the Kerala Co-operative Societies Act. Assessee's Contentions: The petitioner contended that the assessment order was passed subsequent to the Supreme Court's judgment in Mavilayi Service Cooperative Bank Ltd. v. Commissioner of Income Tax, and this crucial judgment was not considered by the assessing officer. The petitioner argued that this oversight led to the erroneous rejection of their Section 80P deduction claim. Revenue's Contentions: The judgment does not record any specific contentions made by the revenue at this stage of the writ petition.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Supreme Court Judgment.
Since the petitioner has already preferred an appeal as Ext.P3 and the same is pending consideration before the 1st respondent, I deem it fit that this writ petition be disposed of directing the Appellate Authority to consider the appeal in a time bound manner.
Accordingly, there will be a direction to the 1st respondent to consider and pass appropriate orders on Ext.P3, as expeditiously as possible.
Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuant to Ext.P1 assessment order. The writ petition is disposed of as above. GOPINATH P. JUDGE SKP/25-10
WPC No.33658 of 2022 4 APPENDIX OF WP(C) 33658/2022 PETITIONER'S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER DATED 2/08/2022 FOR THE ASSESSMENT YEAR 2020-2021 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2OF THE DEMAND NOTICE DATED 2/08/2022 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3OF THE APPEAL DATED 31/8/2022 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P4OF THE ACKNOWLEDGMENT OF RECEIPT OF FORM EVIDENCING OF FILING APPEAL DATED 31/08/2022 EXHIBIT P5OF THE STAY PETITION DATED 31/8/2022 FILED BEFORE THE 1ST RESPONDENT. EXHIBIT P6OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 13/10/2022 EXHIBIT P7OF THE JUDGMENT IN W.P(C) NO. 14282/2021 DATED 19/07/2021 EXHIBIT P8OF THE JUDGMENT IN W.P(C) NO. 24854/2021 DATED 11-11-2021 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
- 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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