PALODE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD vs. INCOME TAX OFFICER
What did the High Court hold?
The High Court held that the petitioner had indeed e-filed the appeal, as evidenced by the acknowledgment receipt (Ext.P2) dated September 23, 2021. The Court noted that the petitioner had initially attempted to file the appeal via email due to technical glitches on the Income Tax Department's portal, and subsequently filed it through the e-filing method. The Court found that the main issue in the appeal concerned the disallowance of deduction under Section 80P, which the petitioner contended was contrary to the judgment in Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others [2021 (1) KLT 485]. Following its own precedent in similar matters, the Court directed the 2nd respondent (Commissioner of Income Tax (Appeals)) to consider and dispose of the appeal expeditiously. Until such disposal, all coercive proceedings against the petitioner pursuant to the assessment order (Ext.P1) were to be kept in abeyance.
What were the facts?
The petitioner, Palode Co-operative Agricultural Development Bank Ltd., filed a writ petition seeking a time-bound disposal of its appeal (Ext.P2) before the Commissioner of Income Tax (Appeals) (2nd respondent). An assessment order (Ext.P1) was passed against the petitioner for assessment year 2018-19 on May 31, 2021. The petitioner initially attempted to file its appeal via email due to technical glitches on the Income Tax Department's e-filing portal. Once the glitches were rectified, the petitioner filed the appeal through the e-filing method, with an acknowledgment receipt dated September 23, 2021, produced as Ext.P2. The appeal pertains to the disallowance of a deduction claim under Section 80P.
What were the issues?
1. Whether the petitioner's appeal, filed through e-filing after an initial attempt via email due to technical glitches, is valid and should be considered by the appellate authority? (Question of mixed law and fact, concerning procedural compliance). Assessee's Contention: The petitioner argued that due to technical issues with the e-filing portal, they initially filed the appeal via email within the prescribed time limit. Subsequently, upon rectification of the glitches, they filed the appeal through the e-filing method, as evidenced by the acknowledgment receipt (Ext.P2). They relied on the principle of treating similar matters alike, as observed in previous High Court judgments. Revenue's Contention: The judgment does not record any specific arguments made by the revenue regarding the validity of the e-filing or the procedural aspects of the appeal.
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 seeks a relief of disposal of Ext.P2 appeal in a time bound manner.
An order of assessment was passed against the petitioner on 31-5-2021 for the assessment year 2018-19. Petitioner claims to have preferred an appeal through Ext.P2 before the 2nd respondent. During the course of hearing, a dispute arose as to whether the petitioner had carried out an e-mail filing of the appeal or whether it was an WP(C) NO. 20958 OF 2021 3 e-filing of the appeal which was done by the petitioner. The records produced before this Court shows that petitioner had, initially, within the time limit for filing an appeal, preferred the appeal through e-mail, as the technical glitches of the electronic portal of the Income Tax Department prevented the petitioner from uploading the appeal through e-filing method. Subsequently when the glitches where rectified, petitioner filed the appeal through the e-filing method.
Petitioner has produced Ext.P2 acknowledgment receipt of e-filing dated 23-09-2021. In view of the acknowledgment receipt Ext.P2 dated 23/9/2021, it is clear that petitioner has e-filed the appeal. The stay petition filed by the petitioner is also pending consideration.
WP(C) NO. 20958 OF 2021 4
A perusal of the memorandum of appeal reveals that the main issue involved in the appeal relates to the disallowance of the claim for deduction under Section 80P. According to the petitioner the said disallowance was contrary to the judgment in Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others [2021 (1) KLT 485].
Since in similar matters this Court has directed the appeal itself to be considered and disposed of, it is essential that the petitioner also be treated alike.
Accordingly this writ petition is disposed of directing the 2nd respondent to consider and dispose of Ext.P2 appeal (as acknowledged
by e-filing
WP(C) NO. 20958 OF 2021 5 acknowledgement dated 23-09-2021) as expeditiously as possible. Till such orders
are passed,
all coercive proceedings against petitioner pursuant to Ext.P1 assessment order shall be kept in abeyance. BECHU KURIAN THOMAS JUDGE AJM
WP(C) NO. 20958 OF 2021 6
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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