KUNNAMKULAM CO-OPERATIVE URBAN BANK LTD NO. 698, vs. THE COMMISSIONER OF INCOME TAX ( APPEALS)
What did the High Court hold?
The High Court of Kerala disposed of the writ petition by directing the 1st respondent (Commissioner of Income Tax (Appeals)) to consider and pass orders on the pending appeals (Exts.P2, P5, and P8) after providing the petitioner with an opportunity of hearing. The Court further directed that any demand arising from the assessment orders (Exts.P1, P4, and P7) shall be kept in abeyance until the Commissioner of Income Tax (Appeals) passes orders on the aforementioned appeals. The Court's decision is based on the principle of keeping coercive steps in abeyance until a decision is taken on statutory appeals, especially when the issue is likely covered by a Supreme Court precedent. The specific finding on the entitlement to Section 80P exemption is left to the appellate authority.
What were the facts?
The petitioner, Kunnamkulam Co-operative Urban Bank Ltd., filed appeals against assessment orders for assessment years 2014-15, 2015-16, and 2016-17. These appeals are pending before the Commissioner of Income Tax (Appeals). The petitioner claims exemption under Section 80P of the Income Tax Act. The petitioner relies on the Supreme Court decision in Mavilayi Service Co-operative Bank Ltd. and others v. Commissioner of Income Tax and another. The High Court of Kerala considered the pendency of these statutory appeals and the petitioner's claim, noting that similar matters have been disposed of by directing coercive steps to be kept in abeyance pending a decision on the statutory appeals.
What were the issues?
1. Whether the petitioner is entitled to exemption under Section 80P of the Income Tax Act for the assessment years 2014-15, 2015-16, and 2016-17? (Question of law) Assessee's Contention: The petitioner argues that the issue of exemption under Section 80P is covered in its favour by the Supreme Court judgment in Mavilayi Service Co-operative Bank Ltd. and others v. Commissioner of Income Tax and another; 2021 (1) KHC 303 (SC). Revenue's Contention: The judgment does not record any specific contentions made by the revenue in this writ petition. However, the existence of assessment orders and pending appeals implies a dispute regarding the assessee's claim for exemption.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
J U D G M E N T The petitioner has preferred appeals against assessment orders namely Exts.P1, P4 and P7 relating to assessment years 2014-15, 2015-16 and 2016-17 respectively. The appeals filed against Exts.P1, P4 and P7 are Exts.P2, P5 and P8. The petitioner claims exemption under Section 80P of the Income Tax Act. It is submitted that the issue is covered in favour of the petitioner by Mavilayi Service Co-operative Bank Ltd. and others v. Commissioner of Income Tax and another; 2021 (1) KHC 303 (SC).
Having regard to the above facts and considering the fact that similar matters have been disposed of by this court directing any coercive steps to be kept in abeyance till a decision is taken on statutory appeals, this writ petition is disposed of directing the 1st respondent to consider and pass orders on Exts.P2, P5 and P8 appeals after affording an opportunity of hearing to the petitioner. It is directed that any demand pursuant to Exts.P1, P4 and P7 shall be kept in abeyance till orders as passed on Exts.P2, P5 and P8. GOPINATH P. JUDGE AMG
W.P (C) No.19375/2022 -3-
Appendix — schedule of exhibits
More judgments on Section 80P
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- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
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- 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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