THE NAGALASSERY SERVICE CO-OPERATIVE BANK LTD. vs. THE ADDITIONAL/JOINT/DEPUTY /ASST.COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER
What did the High Court hold?
The High Court of Kerala, while considering the writ petition, acknowledged the pending statutory appeal and stay petition before the 2nd respondent (National Faceless Appeal Centre, Delhi). The Court directed the 2nd respondent to consider and pass appropriate orders on the stay petition filed along with the appeal (Ext.P3) within a period of four months from the date of receipt of a copy of the judgment. The order emphasized that the stay petition should be passed after hearing the petitioner, and the petitioner was directed to cooperate. Crucially, the Court ordered that all coercive action for realizing the amount due under Ext.P1 shall be kept in abeyance until the disposal of the stay petition. The writ petition was allowed in terms of these directions.
What were the facts?
The petitioner, The Nagalassery Service Co-operative Bank Ltd., a co-operative society providing credit facilities, claimed a deduction under Section 80P(2)(a)(i) of the Income Tax Act, 1961. The Assessing Officer disallowed this claim through an order dated Ext.P1. The petitioner filed an appeal against Ext.P1 before the National Faceless Appeal Centre, Delhi (2nd respondent), along with a stay petition. Apprehending coercive recovery actions based on Ext.P1, the petitioner filed this writ petition seeking a direction for the expeditious disposal of the appeal and stay petition, and for a stay on recovery proceedings.
What were the issues?
1. Whether the petitioner is entitled to a direction for the expeditious disposal of the pending appeal and stay petition before the National Faceless Appeal Centre, Delhi? 2. Whether the petitioner is entitled to a stay of coercive recovery actions pursuant to the Assessing Officer's order (Ext.P1) until the disposal of the stay petition? Assessee's Contentions: The petitioner, represented by its Secretary, argued that an appeal and stay petition were filed against the Assessing Officer's order disallowing the Section 80P(2)(a)(i) claim. They sought a direction for the speedy disposal of these statutory remedies and a stay on recovery proceedings to avoid coercive action. Revenue's Contentions: The judgment does not record any specific contentions from the revenue.
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 The petitioner is a Co-operative society carrying on business of providing credit facility to its members. It claimed benefit under Section 80P(2)(a)(i) of the Income Tax Act, 1961. However, the assessing officer disallowed the claim by Ext.P1 order. Challenging Ext.P1 order, an appeal has been preferred as Ext.P3 before the 2nd respondent. Along with the said appeal, a stay petition has been filed. Apprehending coercive action to recover the amounts imposed under Ext.P1, the petitioner has preferred this writ petition, seeking a direction to dispose of the appeal as well as the stay petition and sought for a stay of recovery of all steps pursuant to Ext.P1. Having considered the contentions raised and in view of the stay petition pending consideration in the statutory appeal, I direct the 2nd
W.P.(C)No.10665 OF 2021(G) 3 respondent to consider and pass appropriate orders on the stay petition filed along with Ext.P3 appeal within a period of four months from the date of receipt of a copy of the judgment. The orders shall be passed after hearing the petitioner and the petitioner shall co-operate with the 2nd respondent in considering the stay petition. Till the disposal of the stay petition, all coercive action for realising the amount due under Ext.P1 shall be kept in abeyance. A copy of the judgment shall be furnished to the 2nd respondent by the petitioner without any unnecessary delay. The writ petition is allowed as above. BECHU KURIAN THOMAS JUDGE ss
W.P.(C)No.10665 OF 2021(G) 4
Appendix — schedule of exhibits
More judgments on Section 80P(2)(a)(i)
- 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
- The Development Multipurpose Credit &… vs ITO Ward 2 (4), Porbandar, GujaratITA 458/RJT/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- Hislop College Employees Cooperative Credit… vs ITO Ward 2(3), NagpurITA 184/NAG/2026[2018-19]Status: Disposed14 Oct 2026AY 2018-19
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- M/S Jsw Cement Limited,Jajpur vs. State Of OdishaOrissa · 16 Oct 2026
- M/S.Sreeshobi Enterprises vs. The Appellate AuthorityMadras · 16 Oct 2026
- S.T.Promotors vs. The Commercial Tax OfficerMadras · 16 Oct 2026
- Prashanti Das (M/S. Panchamukhi Enterprises) vs. Assistant Commissioner Of State Tax, CT And GST, Jagatsinghpur CircleOrissa · 16 Oct 2026
- M/S Utkal Highways, Bidanasi vs. Union Of INDIAOrissa · 16 Oct 2026