THE ELAMKULAM SERVICE CO-OPERATIVE BANK LTD.NO.F 1536 vs. THE COMMISSIONER OF INCOME TAX (APPEALS)
What did the High Court hold?
The High Court disposed of the writ petition by directing the Income Tax Appellate Tribunal (3rd respondent) to consider and pass orders on the petitioner's appeal (Ext.P3) within an outer time limit of six months from the date of receipt of a copy of the judgment, after hearing the petitioner. The Court also ordered that recovery steps for amounts confirmed against the petitioner by the assessment order (Ext.P1) shall be kept in abeyance until orders are passed by the Tribunal and communicated to the petitioner. The principle derived is that in cases involving substantial issues of law concerning deductions under Section 80P for co-operative societies, and where similar matters have been decided by the High Court, interim relief in the form of a stay on recovery pending appeal can be granted, coupled with a direction for expeditious disposal of the appeal.
What were the facts?
The petitioner, The Elamkulam Service Co-Operative Bank Ltd., filed a writ petition challenging the First Appellate Order (Ext.P2) under the Income Tax Act. The petitioner had preferred an appeal (Ext.P3) along with a stay petition (Ext.P4) before the Income Tax Appellate Tribunal (3rd respondent). The core issue in the appeal pertains to the permissibility of deduction under Section 80P of the Income Tax Act concerning Co-Operative Societies. The petitioner highlighted that the High Court of Kerala had previously directed appellate authorities to consider and pass orders in similar appeals while staying recovery proceedings in the interim. The writ petition sought a similar direction.
What were the issues?
1. Whether the High Court should direct the Income Tax Appellate Tribunal to consider and pass orders on the petitioner's appeal concerning the permissibility of deduction under Section 80P of the Income Tax Act in its application to Co-Operative Societies, and grant a stay on recovery proceedings pending the appeal's disposal? Assessee's Contention: The petitioner argued that the issue involved is the permissibility of deduction under Section 80P of the Income Tax Act for Co-Operative Societies. They relied on previous High Court judgments where similar directions were issued to appellate authorities to consider appeals and stay recovery proceedings in the interim. Revenue's Contention: The judgment records no specific arguments made by the revenue.
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 Against Ext.P2 First Appellate Order under the Income Tax Act, the petitioner has preferred Ext.P3 appeal along with Ext.P4 stay petition before the 3rd respondent. It is the case of the petitioner that the issue involved in the appeal is the permissibility of deduction under Section 80P of the Income Tax Act in its application to Co-Operative Societies. It is pointed out that in similar matters this Court has directed the appellate authority to consider and pass orders in the appeal and stayed the recovery proceedings, in the meanwhile.
I have heard Sri.O.D.Sivadas, the learned counsel appearing for the petitioner as also Sri. Christopher Abraham, the learned Standing Counsel for the respondents. On a consideration of the facts and circumstances of the case and the submissions made across the Bar and finding that in similar cases this Court has granted stay of recovery proceedings, pending disposal of the appeal by the appellate authority, I dispose the writ petition by directing the 3rd respondent to consider and pass orders on Ext.P3 appeal preferred by the petitioner within an outer time limit of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. I also make it clear that till such time as orders are passed by the 3rd respondent in the appeal as directed above and the orders communicated to the petitioner, recovery steps for recovery of amounts confirmed against the petitioner by Ext.P1 assessment order shall be kept in abeyance. The petitioner shall produce a copy of this judgment together with a copy of the writ petition before the 3rd respondent for further action. A.K.JAYASANKARAN NAMBIAR JUDGE WP(C).No.26218 OF 2020(B) 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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