CHALISSERY SERVICE CO-OPERATIVE BANK LTD. vs. ADDITIONAL / JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court did not decide the merits of the case. Instead, it noted that the petitioner had already preferred an appeal (Ext.P2) before the 2nd respondent (Appellate Authority) and that this appeal was pending consideration. 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 2nd respondent to consider and pass appropriate orders on Ext.P2 expeditiously. Additionally, the Court ordered that no coercive steps shall be initiated pursuant to Ext.P1 assessment order until such time as the appeal is decided. The issue of whether the deduction under Section 80P was rightly rejected was left to be decided by the Appellate Authority.
What were the facts?
The petitioner, Chalissery Service Co-operative Bank Ltd., is a Primary Agricultural Credit Society. The Assessing Officer issued an assessment order on September 28, 2021, rejecting the petitioner's claim for deduction under Section 80P. The rejection was based on the ground that the petitioner did not satisfy the ingredients of a Primary Agricultural Credit Society as per the Co-operative Societies Act. The petitioner filed an appeal before the Appellate Authority (2nd respondent). In the appeal, the petitioner argued that the Assessing Officer failed to consider the Supreme Court judgment in Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others, which was rendered prior to the assessment order.
What were the issues?
1. Whether the Assessing Officer erred in rejecting the deduction under Section 80P by failing to consider the ingredients of a Primary Agricultural Credit Society as contemplated under the Co-operative Societies Act, 1969, and the relevant Supreme Court judgment? Assessee's Contentions: The petitioner argued that the assessment order was passed without considering the binding judgment of the Supreme Court in Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others. The petitioner contended that this judgment should have been considered by the Assessing Officer, especially since the assessment order was issued after the Supreme Court's decision. Revenue's Contentions: The judgment does not record any specific contentions made by the revenue in response to the writ petition.
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 28.09.2021. 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 2nd respondent Appellate Authority, 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
WP(C) NO. 2152 OF 2022 3 as Ext.P2 and the same is pending consideration before the 2nd 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 a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P2, as expeditiously as possible.
Till such time, no coercive steps shall be initiated pursuant to Ext.P1 assessment order. The writ petition is disposed of as above. BECHU KURIAN THOMAS
JUDGE jm/
WP(C) NO. 2152 OF 2022 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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