THE ELAPPULLY SERVICE CO-OPERATIVE BANK LIMITED 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 case. Instead, it noted that the petitioner had already preferred an appeal (Ext.P3) before the 1st respondent (Commissioner of Income Tax (Appeals)) and that this appeal was pending consideration. Therefore, the Court deemed it appropriate to dispose of the writ petition by directing the Appellate Authority to consider the pending appeal in a time-bound manner. The Court directed the 1st respondent to consider and pass appropriate orders on Ext.P3 expeditiously. Furthermore, the Court 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 legality of the assessment order or the applicability of the Supreme Court judgment.
What were the facts?
The petitioner, The Elappully Service Co-operative Bank Limited, a Primary Agricultural Credit Society, received an assessment order (Ext.P1) on 20.12.2016. The Income Tax Officer rejected the petitioner'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 under the Kerala Co-operative Societies Act. The petitioner appealed this order (Ext.P3) before the Commissioner of Income Tax (Appeals), the 1st respondent. The petitioner argued that the Supreme Court's judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax [2021 (1) KLT 485] now governed the issue and rendered the assessment incorrect. The High Court of Kerala considered the pending appeal.
What were the issues?
1. Whether the assessment order dated 20.12.2016, which rejected the petitioner's claim for deduction under Section 80P on the grounds of insufficient evidence regarding its status as a Primary Agricultural Credit Society, is legally sustainable in light of the Supreme Court's judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax [2021 (1) KLT 485]? (Question of law and fact, concerning Section 80P of the Income Tax Act). Assessee's Contention: The petitioner argued that the assessment order is incorrect because the Supreme Court's decision in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax governs the field, implying their claim for deduction under Section 80P should be allowed. Revenue's Contention: The judgment does not record any specific contentions made by the revenue in this writ petition. The original assessment order was based on the ground that there was no evidence to show that the petitioner satisfied the ingredients of a Primary Agricultural Credit Society.
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 20.12.2016. 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 1st 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. 21211 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. 21211 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
Recent GST High Court judgments
Search GST case law →- M/S Shreekanth Enterprises vs. Joint Commissioner AppealsUttarakhand · 14 Oct 2026
- Sharad Ashok Agarwal vs. State Of Maharashtra Through G.P. And OrsBombay · 14 Oct 2026
- Md. Akhtar Ansari, Proprietor Of M/S Indian Associates vs. State Of Jharkhand, Through Commissioner Of State Tax, Commercial Tax Dept.Jharkhand · 14 Oct 2026
- M/S. Amarjothi Granites (INDIA) PVT. LTD., Berhampur, Ganjam vs. The Commissioner, Commercial Tax And GST, Odisha, CuttackOrissa · 14 Oct 2026
- M/S. Mishka Steels LLP And Anr. vs. The Superintendent Of Central Goods And Service Tax, Cx, Range-Ii, Behala Div. And Ors.Calcutta · 14 Oct 2026