OLLUKKARA SERVICE CO OPERATIVE BANK LIMITED vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court of Kerala disposed of the writ petition by directing the Commissioner of Income Tax (Appeals), Thrissur, to consider and pass orders on the appeals filed by the petitioner (Exts.P3, P6, and P9) within a period of four months from the date of receipt of a copy of the judgment. The Court further directed that any steps initiated by the Income Tax Department for the recovery of amounts due under the assessment orders in question shall be kept in abeyance until such orders are passed and communicated to the petitioner. The Court did not decide on the merits of the Section 80P claim itself, but rather on the procedural aspect of ensuring the appeals are heard and decided.
What were the facts?
The petitioner, Ollukkara Service Co-operative Bank Limited, claimed the benefit of Section 80P of the Income Tax Act. This claim was rejected by the Assessing Officer. The petitioner filed separate appeals before the Commissioner of Income Tax (Appeals) for the assessment years in question. These appeals are marked as Exts.P3, P6, and P9. The judgment notes that other writ petitions in identical situations have been disposed of by directing the Appellate Authority to consider and dispose of the appeals, with recovery proceedings kept in abeyance pending such consideration.
What were the issues?
1. Whether the Commissioner of Income Tax (Appeals) should be directed to consider and dispose of the appeals filed by the petitioner concerning the rejection of their claim under Section 80P of the Income Tax Act. Assessee's Contention: The petitioner, through its Secretary, contends that its claim for the benefit of Section 80P was rejected by the Assessing Officer and that it has filed appeals before the Commissioner of Income Tax (Appeals). The petitioner relies on the precedent of other writ petitions in identical situations being disposed of with directions to the Appellate Authority to consider the appeals and keep recovery proceedings in abeyance. Revenue's Contention: The judgment does not record any specific contentions from the revenue in response to the writ petition. The revenue is represented by counsel, but their arguments are not detailed in the provided text.
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 claimed the benefit of Section 80P of the Income Tax Act. This claim was rejected by the Assessing Officer. Petitioner has preferred appeals before the Commissioner of Income Tax (Appeals), Thrissur, separately for each of the Assessment years in question. These appeals are produced as Exts.P3, P6 and P9. It is not disputed that other writ petitions (in identical situation) have been disposed of directing the Appellate Authority to consider and dispose of the appeals further directing that recovery proceedings shall be kept in abeyance pending such consideration.
In the light of the above, this Writ Petition is disposed of directing the Commissioner of Income Tax (Appeals), Thrissur to consider and pass orders on Exts.P3, P6 and P9 in this writ petition, within a period of four months from the date of receipt of a copy of this judgment. Till orders are so passed and communicated to the petitioner, steps (if any) initiated by the Income Tax Department for recovery of amounts due under the assessment orders in question, shall be kept in abeyance. With these directions, this Writ petition is disposed of. GOPINATH.P., JUDGE. acd
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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