ANAD FARMER'S SERVICE CO-OPERATIVE BANK LTD. vs. THE CENTRAL BOARD OF DIRECT TAXES
What did the High Court hold?
The High Court of Kerala, in its writ jurisdiction, did not decide the merits of the petitioner's claim for deduction under Section 80P. Instead, the Court deemed it appropriate to direct the Appellate Authority (the 3rd respondent, Commissioner of Income Tax (Appeals)) to consider the appeal filed by the petitioner (Ext.P2) in a time-bound manner. The Court ordered the 3rd respondent to consider and pass appropriate orders on Ext.P2 as expeditiously as possible. Furthermore, the Court directed that no coercive steps shall be initiated pursuant to the assessment order (Ext.P1) until the disposal of the appeal. The issue of whether the AO erred in rejecting the deduction under Section 80P was thus left for the appellate authority to decide.
What were the facts?
The petitioner, Anad Farmer's Service Co-operative Bank Ltd., is a Primary Agricultural Credit Society. The Assessing Officer (AO) issued an assessment order on April 7, 2021, rejecting the petitioner's claim for deduction under Section 80P. The AO's reasoning was that the petitioner did not provide evidence to satisfy the ingredients of a Primary Agricultural Credit Society as defined under the Co-operative Societies Act. The petitioner challenged this order before the Commissioner of Income Tax (Appeals). The petitioner argued that the AO failed to consider the Supreme Court's judgment in Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others, which was delivered prior to the assessment order.
What were the issues?
1. Whether the Assessing Officer erred in rejecting the petitioner's claim for deduction under Section 80P of the Income Tax Act, 1961, by failing to consider the Supreme Court's judgment in Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others. Assessee's Contentions: - The petitioner argued that the assessment order was passed without considering the binding precedent set by the Supreme Court in the Mavilayi Service Co-operative Bank case, despite the judgment being delivered prior to the assessment. Revenue's Contentions: - The judgment does not record any specific contentions made by the revenue in response to the petitioner's arguments.
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 Co-operative Societies Act, 1969. Ext.P1 order of assessment was issued against the petitioner on 07.04.2021. 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 Co-operative Societies Act.
While assailing the assessment order before the 3 rd respondent, petitioner has sought to canvass that the judgment of the Supreme Court in Mavilayi Service Co- operative Bank and Others v. Commissioner of Income Tax, Calicut and Others [2021 (1) KLT 485] was not considered by the assessing officer though the assessment order was rendered subsequent to the Supreme Court Judgment.
WP(C) NO. 20319 OF 2021 3
Since the petitioner has already preferred an appeal as Ext.P2 and the same is pending consideration before the 3 rd 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.
Accordingly, there will be a direction to the 3 rd respondent to consider and pass appropriate orders on Ext.P2, as expeditiously as possible.
Till the disposal of the appeal, no coercive steps shall be initiated pursuant to Ext.P1 assessment order. The writ petition is disposed of as above. BECHU KURIAN THOMAS, JUDGE AMV/06/10//2021
WP(C) NO. 20319 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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