THE KARIMKUNNAM SERVICE CO-OPERATIVE BANK LTD. NO.2670, vs. INCOME TAX OFFICER
What did the High Court hold?
The High Court of Kerala directed the 2nd respondent, the Commissioner of Income Tax (Appeals), to consider and pass orders on Ext.P2 appeal within a period of four months from the date of receipt of a certified copy of the judgment. The Court further ordered a stay of all further recovery proceedings pursuant to Ext.P1 assessment order until such time as orders are passed on the appeal. The reasoning for the direction was based on the petitioner's grievance regarding the non-disposal of their statutory appeal and the apprehension of coercive steps. The principle established is that appellate authorities should dispose of pending appeals within a reasonable timeframe, and interim relief in the form of a stay on recovery can be granted pending such disposal.
What were the facts?
The petitioner, The Karimkunnnam Service Co-operative Bank Ltd, had its claim for deduction under Section 80P of the Income Tax Act rejected by an assessment order (Ext.P1) passed by the 1st respondent (Income Tax Officer, National Faceless Assessment Centre). The petitioner filed a statutory appeal (Ext.P2) before the 2nd respondent (Commissioner of Income Tax (Appeals), National Faceless Appeal Centre). The petitioner's grievance is that the statutory appeal has not yet been disposed of, and they apprehend coercive steps based on the assessment order. The writ petition was filed seeking a direction for the disposal of the pending appeal.
What were the issues?
1. Whether the 2nd respondent should be directed to dispose of the statutory appeal filed by the petitioner against the assessment order. Assessee's Contention: The petitioner argued that their claim for deduction under Section 80P was rejected by the assessment order and that their statutory appeal against this order has not been disposed of. They further contended that they apprehend coercive recovery steps pursuant to the assessment order and therefore seek a direction for the timely disposal of their appeal. Revenue's Contention: The judgment records that the learned Standing Counsel for the Income Tax Department was heard. No specific arguments or contentions were recorded for the revenue in this judgment.
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 claim of the petitioner for deduction under Section 80 P of the Income Tax Act has been rejected by Ext.P1 assessment order. Against Ext.P1 assessment order passed by the 1st respondent, the petitioner has preferred Ext.P2 statutory appeal before the 2nd respondent. The grievance of the petitioner is that the statutory appeal is not so far disposed of and the petitioner apprehends coercive steps pursuant to Ext.P1 assessment order. The limited prayer of the petitioner is for direction to the 2nd respondent to dispose of Ext.P2 appeal against Ext.P1 assessment order.
Heard the learned counsel for the petitioner and the learned Standing Counsel for the Income Tax Department.
In the facts and circumstances of the case, there shall be a direction to the 2nd respondent to consider and pass orders
WP(C) NO. 28936 OF 2021 3 on Ext.P2 appeal within a period of four months from the date of receipt of a certified copy of the judgment. Till such time the orders are passed, there will be a stay of all further recovery proceedings pursuant to Ext.P1 assessment order. The writ petition is disposed of accordingly. MURALI PURUSHOTHAMAN JUDGE LU
WP(C) NO. 28936 OF 2021 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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