KASTHOORBA SERVICE CO-OPERATIVE BANK LTD. vs. THE INCOME TAX OFFICER,
What did the High Court hold?
The High Court disposed of the writ petition by directing the Income Tax Appellate Tribunal (3rd respondent) to consider and pass orders on the petitioner's appeal (Ext.P4) within six months from the date of receiving a copy of the judgment. The Court further ordered that recovery steps for the amounts confirmed against the petitioner in the rectified order (Ext.P3) shall be kept in abeyance until the Tribunal passes its orders and communicates them to the petitioner. The petitioner was directed to furnish copies of the writ petition and the judgment to the Tribunal. The judgment did not decide the substantive issue of the disallowance of deduction under Section 80P.
What were the facts?
The petitioner, Kasthoorba Service Co-operative Bank Ltd., filed a writ petition before the High Court of Kerala challenging recovery steps initiated by the Income Tax Department. The petitioner had preferred an appeal (Ext.P4) along with a stay petition (Ext.P5) before the Income Tax Appellate Tribunal (3rd respondent) against a rectified order (Ext.P3). The petitioner contended that recovery actions were being taken even before the stay petition was considered. The core issue in the appeal concerned the disallowance of deduction claimed under Section 80P of the Income Tax Act.
What were the issues?
1. Whether the recovery steps initiated by the respondent Income Tax Department are premature, given that an appeal and stay petition are pending before the Income Tax Appellate Tribunal? The petitioner argued that recovery actions were being pursued despite the pendency of their appeal and stay petition before the Tribunal, implying that such actions should be halted until the appeal is decided. The revenue's contentions were not explicitly recorded in the judgment regarding this specific procedural aspect. The underlying substantive issue, which is the subject of the appeal, is the disallowance of deduction claimed under Section 80P of the Income Tax Act, but the primary focus of the writ petition and the court's decision was on the recovery proceedings.
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 Against Ext.P3 rectified order under the Income Tax Act, the petitioner has preferred Ext.P4 appeal together with Ext.P5 stay petition before the 3rd respondent. It is the submission of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Ext.P3 rectified order. It is stated by the learned counsel for the petitioner that the issue involved in the appeal pertains to dis-allowance of deduction claimed under Section 80P of the Income Tax Act.
I have heard the learned counsel for the petitioner and the learned Standing Counsel for the Income Tax Department. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, and taking note of the fact that in similar cases, this Court has directed the Appellate Authority to consider and pass orders in the appeal and stayed the recovery of disputed amounts pending disposal of the appeal, this Writ Petition is disposed directing the 3 rd respondent to consider and pass orders on Ext.P4 appeal within an outer time limit of six months from the date of receipt of a copy of this judgment.
Recovery steps for recovery of the amounts confirmed against the petitioner shall be kept in abeyance till such time as orders are passed by the 3 rd respondent as directed above and communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 3rd respondent for further action. A.K.JAYASANKARAN NAMBIAR
JUDGE
okb //// P.S. to Judge
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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