THE KOTTACHERY SERVICE CO-OPERATIVE BANK LTD vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court of Kerala did not decide the merits of the case. Instead, it directed the Appellate Authority (the 1st respondent, Commissioner of Income Tax (Appeals)) to consider and pass appropriate orders on the pending appeals (Ext.P2 and Ext.P4) expeditiously. The Court deemed it fit to dispose of the writ petition by directing a time-bound consideration of the appeals, as the petitioner had already preferred them. The Court also granted a stay on coercive steps being initiated pursuant to the assessment orders (Ext.P1 and Ext.P3) until the disposal of the appeals. No issue was expressly left undecided; the court chose to defer the decision on the merits to the appellate authority.
What were the facts?
The petitioner, The Kottachery Service Co-operative Bank Ltd, is a Primary Agricultural Credit Society. The assessment orders for the assessment years 2017-18 (dated 12.12.2019) and 2018-19 (dated 16.06.2021) were issued against the petitioner. The Assessing Officer rejected the petitioner's claim for deduction under Section 80P, stating that the petitioner did not satisfy the ingredients of a Primary Agricultural Credit Society as per the Co-operative Societies Act. The petitioner had preferred statutory appeals against these assessment orders before the Commissioner of Income Tax (Appeals). The petitioner argued that the Supreme Court's judgment in Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others [2021 (1) KLT 485] governs the field and renders the assessments incorrect.
What were the issues?
1. Whether the assessment orders for AY 2017-18 and AY 2018-19 are liable to be set aside based on the judgment in Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others [2021 (1) KLT 485]? (Question of law and fact, concerning Section 80P of the Income Tax Act). Assessee's Contentions: The petitioner argued that the Supreme Court's decision in Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others [2021 (1) KLT 485] governs the present case, making the assessment orders incorrect. The petitioner had already preferred statutory appeals against the assessment orders. Revenue's Contentions: The judgment does not record any specific contentions made by the revenue in this 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 for the year 2017-18 was issued against the petitioner on 12.12.2019, while Ext.P3 assessment order for 2018-19 was issued on 16/06/2021. In the assessment orders, 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 orders before the 1 st respondent, in the statutory appeals 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] now governs the field thereby rendering the assessment itself as incorrect.
WP(C) NO. 26448 OF 2021 3
Since the petitioner has already preferred appeals as Ext.P2 and Ext.P4 and the same are pending consideration before the 1st respondent, I deem it fit that this writ petition be disposed of directing the Appellate Authority to consider the appeals in a time bound manner.
Accordingly, there will be a direction to the 1 st respondent to consider and pass appropriate orders on Ext.P2 and Ext.P4 appeals as expeditiously as possible.
Till the disposal of the appeal, no coercive steps shall be initiated pursuant to Ext.P1 and Ext.P3 assessment orders. The writ petition is disposed of as above. BECHU KURIAN THOMAS JUDGE AJM
WP(C) NO. 26448 OF 2021 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
Recent GST High Court judgments
Search GST case law →- Dr.Sunil Kumar Padhi vs. The Chief Commissioner, GST And Central Excise, BhubaneswarOrissa · 14 Oct 2026
- N.K Fashion Through It Proprietor Mr. Narender Agarwal vs. Assistant Commissioner Of Central Goods And Service Tax, Delhi EastDelhi · 14 Oct 2026
- J M Mhatre Infra PVT. LTD Thr. Authorized Chetanj Mhatre vs. Union Of INDIA Thr. Secretary And OrsBombay · 14 Oct 2026
- J M Mhatre Infra PVT. LTD Thr. Authorized Chetan J. Mhatre vs. Union Of INDIA Thr. Secretary And OrsBombay · 14 Oct 2026
- Namita Behera vs. Commissioner Of CT And GST, CuttackOrissa · 14 Oct 2026