THE KODAKARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.R761 vs. THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF INCOME TAX/
What did the High Court hold?
The High Court of Kerala did not decide the substantive issue regarding the eligibility of the petitioner for deduction under Section 80P(2)(a)(i). Instead, the Court directed the 2nd respondent (National Faceless Appeal Centre, Delhi) to consider and dispose of the stay petition (Ext.P3(a)) filed along with the statutory appeal within a period of four months from the date of receipt of a copy of the judgment. Pending the disposal of the stay petition, all coercive action pursuant to the assessment order (Ext.P1) was ordered to be kept in abeyance. The petitioner was directed to furnish a copy of the judgment to the 2nd respondent for appropriate action. The writ petition was disposed of with these directions.
What were the facts?
The petitioner, The Kodakara Farmers Service Co-operative Bank Ltd., a co-operative society providing credit facilities to its members, claimed a deduction under Section 80P(2)(a)(i) of the Income Tax Act, 1961. This claim was rejected by the Assessing Officer through an order of assessment (Ext.P1). The petitioner challenged this order by filing a statutory appeal before the National Faceless Appeal Centre (NFAC), Delhi (the 2nd respondent). Along with the appeal, a stay petition (Ext.P3(a)) was also filed. The present writ petition was filed by the petitioner challenging the assessment order and seeking directions regarding the appeal and stay petition.
What were the issues?
1. Whether the petitioner, a co-operative society, is entitled to the deduction under Section 80P(2)(a)(i) of the Income Tax Act, 1961, for its income from providing credit facilities to its members? The petitioner argued that it is a co-operative society engaged in the business of providing credit facilities to its members and is therefore eligible for the deduction under Section 80P(2)(a)(i). The revenue, through the Assessing Officer, rejected this claim in the order of assessment (Ext.P1). While the core issue of eligibility for Section 80P deduction was the subject of the appeal before the NFAC, the present writ petition primarily focused on the procedural aspect of the appeal and the pending stay 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 Co-operative Society allegedly carrying on the business of providing credit facilities to its members. Petitioner has claimed the benefit under Section 80P (2)(a)(i) of the Income Tax Act, 1961. By Ext.P1 order of assessment, the claim for deduction under Section 80P was rejected. Challenging Ext.P1, an appeal has been preferred before the 2nd respondent. A stay petition has also been preferred by the Petitioner as is evident from Ext.P3(a).
I have heard the learned Counsel for the petitioner as well as the learned Standing Counsel, who took notice on behalf of the department.
Considering the nature of the issues involved and the arguments advanced, I am of the view that this writ petition itself can be disposed of by directing consideration of the stay petition filed along with the statutory appeal.
Accordingly, there will be a direction to the 2nd respondent to dispose of the stay petition Ext.P3(a) filed along with the statutory appeal preferred
WP(C) NO. 11911 OF 2021 -3- by the Petitioner. The stay petition shall be considered and disposed of within a period of four months from the date of receipt of a copy of this judgment. All coercive action pursuant to Ext.P1 shall be kept in abeyance till the disposal of the stay petition. Petitioner shall furnish a copy of this judgment to the 2nd respondent for appropriate action. The writ petition is disposed of as above. BECHU KURIAN THOMAS JUDGE uu 08.06.2021
WP(C) NO. 11911 OF 2021 -4-
Appendix — schedule of exhibits
More judgments on Section 80P(2)(a)(i)
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- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
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- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
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