ELOOR SERVICE CO OPERATIVE BANK LTD. vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court held that proceeding with coercive steps pending consideration of the statutory appeal would render the appeal redundant and cause severe difficulties to the petitioner. Therefore, the Court directed the respondents not to proceed with any coercive steps against the petitioner pending the disposal of appeals Exts. P3 and P4. Additionally, the Court directed the 2nd respondent (Commissioner of Income Tax (Appeals)) to consider and dispose of the appeals within a period of 6 months. The Court also directed that the appeals should be disposed of without insisting on the payment of 10% of the tax demanded, which is a common pre-condition for stay of demand in appeals.
What were the facts?
The petitioner, M/s. Eloor Service Co-op. Bank Ltd., is an income tax assessee. The dispute pertains to assessment years 2013-14 and 2017-18. The 1st respondent, the Income Tax Officer, disallowed the petitioner's claim for deduction under Section 80P of the Income Tax Act, demanding Rs. 2,36,86,840/- for AY 2013-14 and Rs. 3,43,97,528/- for AY 2017-18. The petitioner filed appeals (Exts. P3 and P4) before the 2nd respondent, the Commissioner of Income Tax (Appeals), challenging the disallowance. While these appeals were pending, recovery proceedings were initiated by the respondents.
What were the issues?
1. Whether coercive steps for recovery of tax demanded can be initiated pending disposal of statutory appeals against the disallowance of deduction under Section 80P of the Income Tax Act? Assessee's Contention: The assessee argued that initiating coercive steps while statutory appeals are pending would render the appeals redundant and cause severe difficulties. The assessee relied on the principle that the appellate process should not be frustrated by pre-emptive recovery actions. Revenue's Contention: The judgment does not record any specific contentions from the revenue regarding the initiation of recovery proceedings pending appeal. The standing counsel for income tax appeared and took notice.
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
I have heard the counsel for the petitioner through video conferencing. I have also heard the standing counsel for income tax who has taken notice on behalf of respondents. In the facts and circumstances of the case, I deem it fit that this writ petition be disposed of.
Petitioner is an income tax assessee and the issue relates to the assessment years 2013-14 and 2017-18. By Exts.P1 and P2, the 1st respondent disallowed petitioner’s claim for deduction under Section 80P of the Income Tax Act and demanded an amount of Rs.2,36,86,840/- and Rs.3,43,97,528 respectively as tax.
Challenging the said assessment, petitioner has preferred Exts.P3 and P4 appeals contending that the reason for disallowing petitioner’s claim for deduction under section 80P is not tenable. While the appeal is pending, the W.P(C) NO.9658 OF 2020 3 respondents have initiated recovery proceedings to recover the tax allegedly due.
I find force in the contention of the counsel for the petitioner that if the respondents proceed with coercive steps pending consideration of the statutory appeal, the same will be rendered redundant and petitioner will be put to severe difficulties.
In such circumstances, I dispose of the writ petition by directing the respondents not to proceed with any coercive steps against the petitioner pending disposal of Exts.P3 and P4 appeals. I also direct the 2nd respondent to consider and dispose of Exts.P3 and P4 appeals within a period of 6 months without insisting on payment of 10% of the tax demanded. BECHU KURIAN THOMAS JUDGE vps
W.P(C) NO.9658 OF 2020 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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