THE KODAKARA FARMERS SERVICE CO-OPERATIVE BANK LTD. NO.R761 vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court found merit in the petitioner's contention that proceeding with coercive steps while the statutory appeal was pending would render the appeal redundant and cause severe difficulties. Consequently, the Court disposed of the writ petition by directing the respondents not to proceed with any coercive steps against the petitioner pending the disposal of the appeal before the Commissioner of Income Tax (Appeals). Additionally, the Court directed the 2nd respondent (Commissioner of Income Tax (Appeals)) to consider and dispose of the appeal within a period of 6 months, without insisting on the payment of 10% of the tax demanded as a pre-condition for hearing the appeal. The ratio decidendi is that the efficacy of a statutory appeal must be preserved, and coercive recovery actions should be stayed if they risk making the appellate remedy nugatory.
What were the facts?
The petitioner, The Kodakara Farmers Service Co-operative Bank Ltd., is an income tax assessee. For the assessment year 2016-17, the Income Tax Officer (1st respondent) disallowed the petitioner's claim for deduction under Section 80P of the Income Tax Act, demanding Rs. 17,73,405/- as tax. The petitioner filed an appeal (Ext.P2) against this assessment order (Ext.P1) with the Commissioner of Income Tax (Appeals) (2nd respondent), arguing that the reason for disallowing the deduction was not tenable. While the appeal was pending, the respondents initiated recovery proceedings for the disputed tax amount. The petitioner filed a writ petition before the High Court of Kerala seeking to prevent coercive recovery steps during the pendency of their appeal.
What were the issues?
1. Whether the High Court should intervene in pending recovery proceedings when a statutory appeal is under consideration, and if so, under what conditions? (Question of law and fact, concerning the principles of natural justice and the efficacy of statutory remedies). Assessee's Contention: The petitioner argued that initiating coercive steps while their statutory appeal is pending would render the appeal redundant and cause severe hardship. They relied on the principle that statutory remedies should not be frustrated by premature recovery actions. Revenue's Contention: The judgment does not record any specific contentions made by the revenue regarding the initiation of recovery proceedings or their stance on the writ petition. 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 year 2016-17. By Ext.P1, the 1st respondent disallowed petitioner’s claim for deduction under Section 80P of the Income Tax Act and demanded an amount of Rs.17,73,405/- as tax.
Challenging the said assessment, petitioner has preferred Ext.P2 appeal contending that the reason for disallowing petitioner’s claim for deduction under section 80P is not tenable. While the appeal is pending, the respondents have initiated recovery proceedings to recover the tax allegedly due.
W.P(C) NO.9641 OF 2020 3
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 Ext.P2 appeal. I also direct the 2nd respondent to consider and dispose of Ext. P2 appeal 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.9641 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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