M/S. MANNARKKAD TALUK CO-OPERATIVE EMPLOYEES CO-OP. SOCIETY LTD. vs. THE ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER
What did the High Court hold?
The High Court did not decide the merits of the assessment order or the appeal. Instead, it directed the Appellate Authority (2nd respondent) to consider and pass orders on the petitioner's application for condonation of delay (Ext.P3) and the stay application (Ext.P4) within two months from the date of receiving a certified copy of the judgment. The Appellate Authority was instructed to hear the petitioner before passing orders. It was clarified that an order on the stay petition on merits would only be passed if the delay in filing the appeal is condoned. Until the disposal of the delay and stay petitions, no coercive steps would be initiated against the petitioner based on the assessment order. The High Court explicitly left the substantive issues of the appeal undecided.
What were the facts?
The petitioner, Mannarkkad Taluk Co-operative Employees Co-op. Society Ltd., a Primary Agricultural Credit Society, received an assessment order dated March 29, 2022. The Assessing Officer rejected the petitioner's claim for deduction under Section 80P, stating there was insufficient evidence to establish it met the criteria for a Primary Agricultural Credit Society under the Kerala Co-operative Societies Act. The petitioner challenged this order before the National Faceless Appeal Centre, Delhi, arguing that the Supreme Court's judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax governed the matter and rendered the assessment incorrect. The petitioner had filed an appeal (Ext.P2), a stay application (Ext.P4), and an application for condonation of delay (Ext.P3) of 137 days, which were pending.
What were the issues?
1. Whether the assessment order dated March 29, 2022, rejecting the deduction under Section 80P is sustainable in light of the Supreme Court's judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax? (Question of law) Assessee's Contentions: The petitioner contended that the assessment order was incorrect as the Supreme Court's decision in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax governs the field and supports their claim for deduction under Section 80P. Revenue's Contentions: The judgment does not record any specific contentions made by the revenue in response to the issues raised by the petitioner. The focus of the High Court's order was on the procedural aspect of the pending appeal.
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
Petitioner is a Primary Agricultural Credit Society registered under the Kerala Co-operative Societies Act, 1969. Ext.P1 order of assessment was issued against the petitioner on 29.03.2022. In the assessment order, petitioner's claim for deduction under Section 80P was rejected on the ground that there was no evidence to show that petitioner satisfied the ingredients of the Primary Agricultural Credit Society as contemplated under the Kerala Co-operative Societies Act.
While assailing the assessment order before the 2nd respondent, petitioner has sought to canvass that the judgment of the Supreme Court in Mavilayi Service Co- operative Bank Ltd. v. Commissioner of Income Tax [2021 (1) KLT 485] now governs the field thereby rendering the assessment itself as incorrect.
Since the petitioner has already preferred an appeal as Ext.P2 along with Ext.P4 application for stay and an application for condonation of delay (Ext.P3) of 137 days, and the same is pending consideration before the 2nd respondent, I deem it fit that this writ petition be disposed of, directing the Appellate Authority to consider the delay petition and the stay
WP(C) NO. 30668 OF 2022 3 petition in a time bound manner.
Having regard to the facts and circumstances of the case, this writ petition is disposed of, directing the 2nd respondent to consider and pass orders on Ext.P3 application for condonation of delay and also on Ext.P4 application for stay filed in Ext.P2 appeal, after affording to the petitioner an opportunity of hearing, within a period of two months from the date of receipt of a certified copy of this judgment. It is made clear that orders need to be passed on the stay petition on merits, only if the the delay in filing the appeal is condoned.
Till the disposal of the delay petition and stay petition, 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 ajt
WP(C) NO. 30668 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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