MYLOM RURAL COOPERATIVE SOCIETY LTD NO.Q 1429 vs. THE INCOME TAX OFFICER WARD 2(1)
What did the High Court hold?
The High Court found merit in the petitioner's contention that coercive steps pending the statutory appeal would render the appeal redundant and cause severe difficulties. Consequently, the Court directed the respondents not to proceed with any coercive steps against the petitioner until the disposal of the appeal. Furthermore, the Court directed the 2nd respondent (Commissioner of Income Tax (Appeals)) to consider and dispose of the appeal within six months. The Court also specified that the disposal should not be insisted upon payment of 10% of the tax demanded, which is a common pre-condition for stay of demand in appeals.
What were the facts?
The petitioner, Mylom Rural Co-operative Society Ltd., is an income tax assessee. For the assessment year 2017-18, the Income Tax Officer (1st respondent) disallowed the petitioner's claim for deduction under Section 80P of the Income Tax Act, demanding Rs. 10,56,683/- as tax. The petitioner filed an appeal (Ext.P5) before the Commissioner of Income Tax (Appeals) (2nd respondent), challenging the disallowance. While the appeal was pending, recovery proceedings were initiated by the respondents. The petitioner filed a writ petition before the High Court of Kerala seeking to prevent coercive steps during the pendency of the appeal.
What were the issues?
1. Whether the initiation of recovery proceedings by the respondents for tax allegedly due, while a statutory appeal is pending before the Commissioner of Income Tax (Appeals), renders the appellate process redundant and causes severe difficulties to the assessee? (Question of procedure and equity) The petitioner argued that proceeding with coercive steps pending the statutory appeal would make the appeal redundant and cause severe difficulties. The revenue, represented by the standing counsel, took notice but no specific arguments against this contention were recorded in the judgment.
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
I have heard the counsel for the petitioner through video conferencing. I have also heard the standing counsel for income tax who has taken notice on behalf of respondents. In the facts and circumstances of the case, I deem it fit that this writ petition be disposed of.
Petitioner is an income tax assessee and the issue relates to the assessment year 2017-18. By Ext.P3, the 1st respondent disallowed petitioner’s claim for deduction under Section 80P of the Income Tax Act and demanded an amount of Rs.10,56,683/- as tax.
Challenging the said assessment, petitioner has preferred Ext.P5 appeal contending that the reason for disallowing petitioner’s claim for deduction under section 80P is not tenable. While the appeal is pending, the respondents have initiated recovery proceedings to recover the tax allegedly due.
I find force in the contention of the counsel for the petitioner that if the respondents proceed with coercive steps pending consideration of the statutory appeal, the same will be rendered redundant and petitioner will be put to severe difficulties.
In such circumstances, I dispose of the writ petition by directing the respondents not to proceed with any coercive steps against the petitioner pending disposal of Ext.P5 appeal. I also direct the 2nd respondent to consider and dispose of Ext. P5 appeal within a period of 6 months without insisting on payment of 10% of the tax demanded. BECHU KURIAN THOMAS JUDGE vps
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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