THE EZHUMATTOOR SERVICE CO-OPERATIVE BANK LTD., vs. THE CENTRAL BOARD OF DIRECT TAXES,
What did the High Court hold?
The High Court did not decide the merits of the assessment order or the appeal. Instead, it noted that the petitioner had already preferred an appeal (Ext.P2) which was pending before the 3rd respondent (Commissioner of Income Tax (Appeals)). Therefore, the Court deemed it fit to dispose of the writ petition by directing the Appellate Authority to consider the appeal in a time-bound manner. The Court directed the 3rd respondent to consider and pass appropriate orders on Ext.P2 expeditiously. Additionally, the Court ordered that no coercive steps shall be initiated against the petitioner pursuant to Ext.P1 assessment order until the disposal of the appeal. The issue of the validity of the assessment order under Section 80P, in light of the Mavilayi Service Co-operative Bank Ltd. judgment, was expressly left undecided by the High Court.
What were the facts?
The petitioner, The Ezhumattoor Service Co-operative Bank Ltd., is a Primary Agricultural Credit Society. The Assessing Officer passed an assessment order on April 7, 2021, rejecting the petitioner's claim for deduction under Section 80P without assigning reasons. The petitioner argued that the assessment order ignored their entitlement to deduction under Section 80P(2)(a)(i) for financial activities with members and under Section 80P(2)(d) for interest income from another Co-Operative Society. The petitioner has filed an appeal against the assessment order, which is pending before the Commissioner of Income Tax (Appeals). The petitioner is seeking a direction for a time-bound disposal of this appeal.
What were the issues?
1. Whether the assessment order dated April 7, 2021, rejecting the petitioner's claim for deduction under Section 80P is legally sustainable, considering the Supreme Court's judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax [2021 (1) KLT 485]? (Question of law) Assessee's Contentions: - The assessment order is incorrect as it failed to consider the entitlement to deduction under Section 80P(2)(a)(i) and Section 80P(2)(d). - The Supreme Court's judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax governs the field, rendering the assessment incorrect. Revenue's Contentions: - No specific contentions are recorded for the revenue in the 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 Petitioner is a Primary Agricultural Credit Society registered under the Kerala 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 without assigning any reason but ignoring the fact that the petitioner society is entitled for deduction under Section 80 P(2)(a)(i) on financial activities with members and under Section 80(P)(2)(d) with respect to the interest income received from the Co-Operative Society.
While assailing the assessment order before the 3rd respondent, petitioner has sought to canvass that the judgment of the Supreme Court in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax [2021 (1) KLT 485] now governs the field thereby rendering the assessment itself as incorrect.
Since the petitioner has already preferred an appeal as Ext.P2 and the same is pending consideration before the 3rd 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 3rd 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 against the petitioner pursuant to Ext.P1 assessment order. The writ petition is disposed of as above. GOPINATH P. JUDGE ats
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
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- 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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