NADAKKAL SERVICE CO-OPERATIVE BANK LTD. vs. THE COMMISSIONER OF INCOME TAX(APPEALS)
What did the High Court hold?
The High Court of Kerala did not decide the merits of the assessment order or the appeal. Instead, the Court deemed it fit to dispose of the writ petition by directing the Appellate Authority (the 1st respondent, Commissioner of Income Tax (Appeals)) to consider and pass appropriate orders on the pending appeal (Ext.P3) expeditiously. The Court also granted a stay on coercive steps against the petitioner pursuant to the assessment order (Ext.P1) and demand notices (Exts.P2 and P4) until the disposal of the appeal. No specific finding was made on the issues raised by the petitioner regarding Section 80P or the applicability of the Mavilayi Service Co-operative Bank Ltd. judgment. The operative direction is to expedite the appeal process.
What were the facts?
The petitioner, M/s. Nadakkal Service Co-operative Bank Ltd., a Primary Agricultural Credit Society, is challenging an assessment order dated 28.09.2021. The assessment order rejected the petitioner's claim for deduction under Section 80P, stating that there was no evidence to show it met the criteria of a Primary Agricultural Credit Society under the Kerala Co-operative Societies Act. The petitioner contends that the Supreme Court's judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax governs the situation and renders the assessment incorrect. An appeal (Ext.P3) was filed before the Commissioner of Income Tax (Appeals), the 1st respondent, and is pending. The petitioner filed a writ petition seeking a time-bound disposal of their appeal and a stay on coercive steps.
What were the issues?
1. Whether the assessment order dated 28.09.2021, which rejected the deduction under Section 80P on the grounds that the petitioner did not satisfy the ingredients of a Primary Agricultural Credit Society, is legally sustainable, considering the judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax [2021 (1) KLT 485]? (Question of law and fact turning on Section 80P of the Income Tax Act, 1961 and the Kerala Co-operative Societies Act, 1969). Assessee's Contention: The petitioner argues that the Supreme Court's decision in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax governs the field, implying the assessment is incorrect. Revenue's Contention: The judgment does not record any specific contentions made by the revenue in response to the writ petition, other than the fact that they are respondents.
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 28.09.2021. 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 3rd 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.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.
WP(C) NO. 21146 OF 2022 3
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, and Exts.P2 and P4 demand notices.
The writ petition is disposed of as above. GOPINATH P. JUDGE ajt
WP(C) NO. 21146 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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