M/S. PARAVUR WEST CO-OP. BANK LTD. vs. THE INCOME TAX OFFICER,
What did the High Court hold?
The High Court held that if the respondents proceed with coercive steps pending consideration of the statutory appeal, the appeal would be rendered redundant and the petitioner would be put to severe difficulties. Therefore, the Court found force in the petitioner's contention. The writ petition was disposed of with a direction to the respondents not to proceed with coercive steps against the petitioner pending the disposal of the appeal and delay petition. The Court further directed the 2nd respondent (Commissioner of Income Tax (Appeals)) to consider and dispose of the appeal and delay petition within a period of 6 months without insisting on the payment of the tax demanded. The ratio is that the appellate process should not be undermined by premature recovery actions, and the appellate authority should be allowed to decide the appeal on merits without the pressure of recovery.
What were the facts?
The petitioner, M/s. Paravur West Co-op. Bank Ltd., is an income tax assessee. For the assessment year 2017-2018, the Income Tax Officer (1st respondent) disallowed the petitioner's claim for deduction under Section 80P of the Income Tax Act, demanding an amount of Rs. 92,82,626/- as tax and interest. The petitioner challenged this assessment by filing an appeal (Ext.P2) with the Commissioner of Income Tax (Appeals) (2nd respondent), which was filed with a delay of 22 days. While the appeal and delay petition were pending, the respondents initiated recovery proceedings. The petitioner filed a writ petition before the High Court of Kerala seeking to prevent coercive recovery steps.
What were the issues?
1. Whether the respondents should be restrained from initiating coercive recovery proceedings against the petitioner pending the disposal of the statutory appeal and delay petition before the Commissioner of Income Tax (Appeals)? (Question of mixed law and fact, concerning the procedural fairness and the impact of recovery proceedings on the appellate process). Assessee's contention: The petitioner argued that proceeding with coercive steps while the statutory appeal and delay petition are pending would render the appeal redundant and cause severe difficulties. They relied on the principle that recovery proceedings should not frustrate the appellate process. Revenue's contention: The judgment does not record any specific contentions from the revenue regarding the initiation of recovery proceedings or their stance on the pending appeal.
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 learned 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 2017-2018. By Ext.P1, the 1st respondent disallowed petitioner's claim for deduction under Section 80P of the Income Tax Act and demanded an amount of Rs.92,82,626/- as tax and interest.
Challenging the said assessment, petitioner has preferred Ext.P2 appeal with a delay of 22 days, contending that the reason for disallowing petitioner's claim for deduction under Section 80P is not tenable. While the appeal and the delay petition are pending consideration, respondents are W.P(C. NO. 9617 OF 2020 ..3.. initiating 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 coercive steps against the petitioner pending disposal of Ext.P2 appeal and delay petition. I also direct the 2nd respondent to consider and dispose of Ext.P2 appeal and delay petition within a period of 6 months without insisting on payment of the tax demanded. BECHU KURIAN THOMAS
JUDGE BNG
W.P(C. NO. 9617 OF 2020 ..4..
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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