VENGERI SERVICE CO-OPERATIVE BANK LTD vs. PRINCIPAL COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court disposed of the writ petition by directing the 2nd respondent (Commissioner of Income Tax (Appeals), NFAC) to consider and pass orders on the petitioner's statutory appeal (Ext.P2) after providing an opportunity of hearing. The Court further directed that any demand arising from the assessment order (Ext.P1) shall be kept in abeyance until a decision is taken on the appeal. The Court did not decide the merits of the Section 80P exemption claim but ensured that coercive recovery actions are stayed pending the appellate authority's decision. The principle is that statutory appeals should be given due consideration, and coercive measures should be deferred in cases where a favourable precedent exists and a statutory appeal is pending.
What were the facts?
The petitioner, Vengeri Service Co-operative Bank Ltd., has filed a writ petition before the High Court of Kerala challenging an assessment order (Ext.P1) passed by the 3rd respondent. The petitioner is seeking exemption under Section 80P of the Income Tax Act. The petitioner has also filed a statutory appeal (Ext.P2) before the 2nd respondent against the assessment order. The petitioner relies on the Supreme Court judgment in Mavilayi Service Co-operative Bank Ltd. and others v. Commissioner of Income Tax and another, which they contend covers the issue in their favour. The High Court noted that similar matters have been disposed of by directing coercive steps to be kept in abeyance pending a decision on the statutory appeal.
What were the issues?
1. Whether the petitioner is entitled to exemption under Section 80P of the Income Tax Act, 1961, in light of the Supreme Court's decision in Mavilayi Service Co-operative Bank Ltd. and others v. Commissioner of Income Tax and another? Assessee's Contention: The assessee argues that the issue is covered in their favour by the aforementioned Supreme Court judgment and therefore, they are eligible for the exemption under Section 80P. Revenue's Contention: The judgment does not record any specific contentions made by the revenue in this writ petition. However, the existence of an assessment order and an appeal implies a dispute regarding the assessee's claim for exemption under Section 80P.
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 has preferred Ext.P2 appeal before the 2nd respondent against Ext.P1 assessment order passed by the 3rd respondent. The petitioner claims exemption under Section 80P of the Income Tax Act. It is submitted that the issue is covered in favour of the petitioner by Mavilayi Service Co- operative Bank Ltd. and others v. Commissioner of Income Tax and another; 2021 (1) KHC 303 (SC).
Having regard to the above facts and considering the fact that similar matters have been disposed of by this court directing any coercive steps to be kept in abeyance till a decision is taken on Ext.P2 statutory appeal, this writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P2 appeal, after affording an opportunity of hearing to the petitioner. It is directed that any demand pursuant to Exts.P1 shall be kept in abeyance till orders are passed on Ext.P2. The writ petition is disposed of as above. GOPINATH P. JUDGE okb/ //// P.S. to Judge
WP(C) NO. 29721 OF 2022 3
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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