KAITHODU RURAL CO-OPERATIVE SOCIETY LTD. vs. THE CENTRAL BOARD OF DIRECT TAXES
What did the High Court hold?
The High Court disposed of the writ petition by directing that if the petitioner files a stay petition in their appeal (Ext.P2) within ten days of a suitable link being provided by the respondent Department, recovery proceedings against the petitioner will be kept in abeyance until a decision is taken on the stay petition by the appellate authority. The appellate authority is directed to endeavor to dispose of the stay petition within two months from the date it is uploaded by the petitioner. The court did not decide on the merits of the penalty or the appeal itself, but provided a procedural direction for seeking a stay.
What were the facts?
The petitioner, Kaithodu Rural Co-operative Society Ltd, is challenging an order of penalty (Ext.P1) and a notice of demand (Ext.P3) related to that penalty. The petitioner has filed an appeal (Ext.P2) against these orders. The petitioner seeks a direction for the disposal of their appeal and a stay on the demand pending the appeal's decision. The respondent Department argues that the demand arose from unexplained cash deposits and that the petitioner is not entitled to deductions under Section 80P of the Income Tax Act, distinguishing this case from others where stays were granted. The Department contends that the petitioner should seek a stay from the appellate authority.
What were the issues?
1. Whether the petitioner is entitled to a stay of the demand pending the disposal of their appeal against the penalty order and notice of demand, considering the nature of the demand (unexplained cash deposits) and the applicability of Section 80P of the Income Tax Act. Assessee's Contention: The petitioner seeks a direction for the disposal of their appeal and a stay of the demand pending the appeal's decision, citing similar cases before the court. Revenue's Contention: The revenue argues that the demand arose from unexplained cash deposits and that the petitioner is not entitled to deductions under Section 80P. Therefore, the petitioner is not entitled to the benefit of stays granted in other cases and should seek a stay from the appellate authority based on the specific facts.
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 is aggrieved by Ext.P1 order of penalty and Ext.P3 notice of demand in respect of the amount under Ext.P1 order of penalty. The learned counsel for the petitioner submits that the petitioner has filed Ext.P2 appeal and the same may be directed to be disposed of. It is submitted that as in other cases before this Court, the demand against the petitioner may be stayed pending disposal of the appeal.
The learned Standing Counsel appearing for the respondent Department points out that the penalty order in this case shows that the demand primarily arose on account of unexplained cash deposits and the petitioner is clearly not entitled to any deduction under Section 80P of the Income Tax Act. It is submitted that the petitioner is not entitled to the benefit of other judgments rendered by this court where the demands have been stayed till the appeal is decided. It is submitted that it is for the petitioner to seek stay from the appellate authority considering the facts and circumstances of the case and no stay can be granted till the appeal is decided.
Having heard the learned counsel for the petitioner
WP(C) NO. 21318 OF 2022 3 and the learned Standing Counsel for the Department, I am of the opinion that this writ petition can be disposed of directing that if the petitioner files a stay petition in Ext.P2 appeal within ten days from the date on which a suitable link is provided by the respondent Department, the recovery proceedings against the petitioner can be kept in abeyance till a decision is taken on the stay petition by the appellate authority. The appellate authority shall endeavour to dispose of the stay petition within a period of two months from the date on which the stay petition is uploaded by the petitioner as above. The writ petition will stand disposed of as above. GOPINATH P. JUDGE DK
WP(C) NO. 21318 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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