THE KARAKURISSI SERVICE CO-OPERATIVE BANK LTD. vs. THE ADDITIONAL / JOINT / DEPUTY /ASSISTANT COMMISSIONER OF INCOME TAX / INCOME TAX OFFICER
What did the High Court hold?
The High Court of Kerala, while acknowledging the pendency of the appeal filed by the petitioner (Ext.P2) before the appellate authority (2nd respondent), deemed it appropriate to dispose of the writ petition by directing the appellate authority to consider the appeal expeditiously. The court directed the 2nd respondent to consider and pass appropriate orders on Ext.P2 within a period of six months from the date of receipt of a copy of the judgment. Furthermore, the court ordered that no coercive steps would be initiated pursuant to the assessment order (Ext.P1) until the disposal of the appeal. The High Court did not decide on the merits of the Section 80P deduction claim itself, leaving that to the appellate authority.
What were the facts?
The petitioner, The Karakurissi Service Co-operative Bank Ltd., is a Primary Agricultural Credit Society. The Assessing Officer passed an assessment order on March 26, 2022, rejecting the petitioner's claim for deduction under Section 80P. The reason for rejection was the alleged lack of evidence demonstrating that the petitioner satisfied the criteria of a Primary Agricultural Credit Society as defined under the Co-operative Societies Act. The petitioner filed an appeal against this assessment order before the National Faceless Appeal Centre, Delhi. The petitioner contended that the Supreme Court judgment 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, despite the assessment order being passed after this judgment.
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 ingredients of a Primary Agricultural Credit Society as contemplated under the Co-operative Societies Act, 1969? Assessee's Contentions: The petitioner argued that the assessment order was erroneous as it failed to consider the binding Supreme Court judgment in Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others [2021 (1) KLT 485]. This judgment, rendered prior to the assessment order, was crucial for determining the eligibility for deduction under Section 80P. Revenue's Contentions: The judgment does not record any specific contentions made by the revenue in response to the petitioner's arguments or the assessment order.
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 26.03.2022. 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 2 nd 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.
Since the petitioner has already preferred an appeal as Ext.P2 and the same is pending consideration before the 2 nd 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 2 nd respondent to consider and pass appropriate orders on Ext.P2, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this judgment.
Till the disposal of the appeal, no coercive steps shall be initiated pursuant to Ext.P1 assessment order. The writ petition is disposed of. BECHU KURIAN THOMAS JUDGE AMV/19/05//2022
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
Recent GST High Court judgments
Search GST case law →- S. Nithyananda vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Ritik vs. State Of M.P.Madhya Pradesh · 16 Oct 2026
- Venkadeswara Grill Works vs. The Joint Commissioner (St)Madras · 16 Oct 2026
- Mufti Clothing And Co vs. The Assistant Commissioner (St)Madras · 16 Oct 2026
- U Days Garments vs. The Adjudication OfficerMadras · 16 Oct 2026