PERUMBAVOOR URBAN CO-OPERATIVE BANK LTD NO.2024 vs. THE CENTRAL BOARD OF DIRECT TAXES
What did the High Court hold?
The High Court disposed of the writ petition by directing the third respondent, the Commissioner of Income Tax (Appeals), to consider and pass orders on the petitioner's appeal (Ext.P2) within a period of six months from the date of receiving a copy of the judgment. The court further directed that recovery steps for the amounts confirmed against the petitioner by the assessment orders, particularly pursuant to the demand notices (Exts.P3 and P4), shall be kept in abeyance until the appellate authority passes its orders and communicates them to the petitioner. The reasoning is based on the High Court's previous practice in similar matters where appeals concerning the deduction under Section 80P were directed to be considered expeditiously while staying recovery.
What were the facts?
The petitioner, Perumbavoor Urban Co-operative Bank Ltd., filed a writ petition before the High Court of Kerala challenging an assessment order (Ext.P1) under the Income Tax Act. The petitioner had preferred an appeal (Ext.P2) and a stay petition (Ext.P5) before the Commissioner of Income Tax (Appeals), the third respondent. Demand notices (Exts.P3 and P4) were also issued. The core issue in the appeal concerned the permissibility of deduction under Section 80P of the Act, specifically its applicability to Co-operative Societies. The petitioner pointed out that the High Court had previously disposed of similar writ petitions by directing the appellate authority to consider and pass orders on the appeals while keeping recovery proceedings in abeyance.
What were the issues?
1. Whether the High Court should direct the appellate authority to consider and pass orders on the appeal filed by the petitioner against the assessment order, and in the interim, keep recovery proceedings in abeyance. Assessee's Contention: The petitioner argued that the appeal involved the critical issue of the permissibility of deduction under Section 80P of the Income Tax Act concerning Co-operative Societies. They relied on previous High Court judgments where similar directions were issued, allowing for the consideration of appeals while suspending recovery. Revenue's Contention: The judgment does not record any specific contentions made by the revenue in response to the writ petition. The court's decision appears to be based on the petitioner's submissions and prior judicial precedent.
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 Against Ext.P1 assessment order under the Income Tax Act,('The Act' for short) the petitioner has preferred Ext.P2 appeal and Ext.P5 stay petition before the 3rd respondent. Exts.P3 and P4 are the demand notices issued. It is the case of the petitioner that the issue involved in the appeal pertains to the permissibility of deduction under Section 80P of the Act in its applicability to Co-operative Societies. It is pointed that in similar matters this Court has already disposed the writ petition by directing the appellate authority to consider and pass orders in the appeal and keep in abeyance the recovery proceedings pursuant to the assessment orders in the meanwhile.
Taking note of the said submission, and finding that this Court has in similar matters directed the appellate authority to pass orders in the appeal, and to keep in abeyance the recovery proceedings in the meanwhile, the writ petition is disposed by directing the 3rd respondent to consider and pass orders on Ext.P2 appeal, within a period of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps for recovery of amounts confirmed against the petitioner by the assessment orders in question, and in particular pursuant to Exts.P3 and P4 demand notices, shall be kept in abeyance till such time as orders are passed by the appellate authority as directed above and the orders communicated to the petitioner. A.K.JAYASANKARAN NAMBIAR JUDGE WP(C).No.8700 OF 2020(J) 3
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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