ERAMALA SERVICE CO-OPERATIVE BANK LTD. F-1044 vs. THE CENTRAL BOARD OF DIRECT TAXES
What did the High Court hold?
The High Court set aside the stay order (Ext.P5) passed by the 3rd respondent. The Court directed the 3rd respondent to consider and pass orders on the petitioner's appeal (Ext.P2) within six months from the date of receiving a copy of the judgment, after hearing the petitioner. Crucially, the Court ordered that recovery steps for the amounts confirmed by the assessment order (Ext.P1) shall be kept in abeyance until the 3rd respondent passes and communicates the order on the appeal. This implies that the condition of paying 20% was not upheld, and a complete stay of recovery was granted pending the appellate authority's decision. The ratio is that in cases involving substantial legal issues like Section 80P deductions for co-operative societies, and where similar matters have seen favorable treatment by the High Court, a stay of recovery pending appeal should be granted without onerous conditions.
What were the facts?
The petitioner, Eramala Service Co-operative Bank Ltd., is challenging an assessment order (Ext.P1) under the Income Tax Act. The petitioner filed an appeal (Ext.P2) and a stay petition (Ext.P4) before the Commissioner of Income Tax (Appeals), the 3rd respondent. The appellate authority, by Ext.P5, granted a stay of recovery of the disputed amount pending appeal, but imposed a condition that the petitioner must pay 20% of the confirmed amount. The petitioner contends that the core issue in the appeal relates to the permissibility of deduction under Section 80P of the Income Tax Act concerning co-operative societies. The petitioner also points out that this Court has previously granted stays of recovery in similar matters pending appeal disposal.
What were the issues?
1. Whether the condition imposed by the appellate authority for a stay of recovery, requiring payment of 20% of the confirmed amount, is legally sustainable, considering the nature of the dispute concerning the deduction under Section 80P of the Income Tax Act. Assessee's Contentions: The petitioner argues that the issue in appeal concerns the deduction under Section 80P of the Income Tax Act, which is a significant point for co-operative societies. They rely on previous High Court orders in similar cases where a complete stay of recovery was granted pending the disposal of the appeal by the appellate authority. They implicitly argue that the 20% condition is an undue burden in light of the arguable nature of the appeal. Revenue's Contentions: The judgment does not record any specific contentions made by 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 Against Ext.P1 assessment order under the Income Tax Act, the petitioner has preferred Ext.P2 appeal and Ext.P4 stay petition before the 3rd respondent. It is a case of the petitioner that by Ext.P5 stay order, the appellate authority directed the petitioner to pay 20% of the amount confirmed by the assessment order as a condition for stay of recovery of the balance amount pending disposal of the appeal. The learned counsel would submit that the issue involved in the appeal is the permissibility of the deduction under Section 80P of the Income Tax Act in its relation to Co-operative societies. It is pointed out that in similar matters this Court has granted a stay of recovery of the disputed amount pending disposal of the appeal by the Appellate Authority. Taking note of the said submission and finding that this Court has in similar cases granted a stay of recovery pending disposal of the appeal by the appellate authority, I set aside Ext.P5 stay order and direct the 3rd respondent to consider and pass orders on Ext.P2 appeal within an outer time limit of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that till such time as orders are passed by the 3rd respondent as directed, and the order communicated to the petitioner, recovery steps for recovery of amounts confirmed against the petitioner by Ext.P1 assessment order shall be kept in abeyance. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 3rd respondent, for further action. A.K.JAYASANKARAN NAMBIAR
JUDGE mns/17.7.2020
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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