THE SREEKRISHNAPURAM SERVICE CO-OPERATIVE BANK LTD.NO. F1213 vs. THE ASST. COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court of Kerala disposed of the writ petition by directing the 3rd respondent (Income Tax Appellate Tribunal) 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 the judgment. The Court also ordered that recovery steps for amounts confirmed against the petitioner by Exts.P1 and P2 orders shall be kept in abeyance until such time as orders are passed by the Tribunal and communicated to the petitioner. The petitioner was directed to furnish a copy of the judgment and the writ petition to the Tribunal. The Tribunal was not explicitly asked to decide on the merits of the Section 80P deduction in this order, but rather to expedite the appeal process and maintain the status quo regarding recovery.
What were the facts?
The petitioner, The Sreekrishnapuram Service Co-Operative Bank Ltd., is challenging an assessment order (Ext.P1) and an order of the First Appellate Authority (Ext.P2) that rejected its appeal. The bank then filed a further appeal (Ext.P3) along with a stay petition (Ext.P4) before the Income Tax Appellate Tribunal (3rd respondent). The core issue concerns the permissibility of deduction under Section 80P of the Income Tax Act, 1961, as applied to Co-Operative Societies. The petitioner contended that similar matters have been decided by the High Court of Kerala, which directed the appellate authority to consider appeals and stayed recovery proceedings pending disposal.
What were the issues?
1. Whether the High Court of Kerala should direct the Income Tax Appellate Tribunal to consider and pass orders on the petitioner's appeal against the assessment order and the First Appellate Authority's order, and grant a stay on recovery proceedings pending disposal of the appeal, in light of similar precedents. Assessee's Contentions: The petitioner argued that the issue involves the deduction under Section 80P of the Income Tax Act, 1961, applicable to Co-Operative Societies. They relied on previous High Court of Kerala judgments that directed appellate authorities to consider appeals and stayed recovery proceedings in similar cases. Revenue's Contentions: The judgment records no specific contentions from 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.P1 assessment order under the Income Tax Act, the petitioner preferred an appeal before the First Appellate Authority but the same was rejected by Ext.P2 order. Aggrieved by the said order, the petitioner preferred Ext.P3 appeal along with Ext.P4 stay petition before the 3rd respondent. It is the contention of the learned counsel for 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 the learned counsel appearing for the petitioner as also the learned Standing Counsel appearing for the respondents. On a consideration of the facts and circumstances of the case and the submissions made across the Bar and the 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
WP(C).No.20183 OF 2020(W) 3 against the petitioner by Exts.P1 and P2 orders 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.20183 OF 2020(W) 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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