THE NILESHWAR SERVICE CO-OPERATIVE BANK LTD vs. THE INCOME TAX OFFICER
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 appeals against the assessment orders before the 4th respondent (National Faceless Appeal Centre) and that these appeals were pending. Consequently, the Court deemed it appropriate to dispose of the writ petition by directing the Appellate Authority to consider the pending appeals in a time-bound manner. The 4th respondent was directed to consider and pass appropriate orders on Ext.P2 and Ext.P4 expeditiously. Furthermore, the Court ordered that no coercive steps would be initiated pursuant to the assessment orders (Ext.P1 and Ext.P3) until the disposal of the appeals. No specific issue was left undecided, as the Court chose to defer the decision on the merits to the appellate authority.
What were the facts?
The petitioner, The Nileshwar Service Co-operative Bank Ltd., is a Primary Agricultural Credit Society. For assessment year 2017-18, an assessment order dated 18.12.2019 (Ext.P1) rejected its claim for deduction under Section 80P, stating a lack of evidence that it met the criteria for a Primary Agricultural Credit Society under the Co-operative Societies Act. Similarly, for assessment year 2018-19, an assessment order dated 24.02.2021 (Ext.P3) also rejected the Section 80P deduction claim. The petitioner had filed appeals (Ext.P2 and Ext.P4) against these orders before the 4th respondent, the National Faceless Appeal Centre, which were pending.
What were the issues?
1. Whether the assessment orders rejecting the claim for deduction under Section 80P of the Income Tax Act, 1961, are erroneous, considering 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]? (Question of law) Assessee's contention: 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 governs the field and renders the assessment orders incorrect. Revenue's contention: The judgment records no specific contention from the revenue regarding this issue.
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 18.12.2019 for the assessment year 2017-18. 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.
Similarly, for the assessment year, 2018-19 also, assessment order was issued rejecting the claim for deduction under Section 80P. The ssaid order dated 24.02.2021 is produced as Ext.P3. WP(C) NO. 26396 OF 2021 3
While assailing the assessment orders before the 4 th 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] now governs the field, thereby rendering the assessment itself as incorrect.
Since the petitioner has already preferred appeals as Ext.P2 and Ext.P4 and the same are pending consideration, before the 4 th 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 4 th respondent to consider and pass appropriate orders on Ext.P2 and Ext.P4, as expeditiously as possible.
Till the disposal of the appeals, 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. 26396 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
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