M/S NADAKKAL SERVICE CO-OPERATIVE BANK LTD. vs. INCOME TAX OFFICER,
What did the High Court hold?
The High Court disposed of the writ petition by directing the Income Tax Appellate Tribunal (3rd respondent) to consider and pass orders on the petitioner's appeal (Ext.P5) within six months from the date of receiving a copy of the judgment. The Court also directed that recovery steps, pursuant to the demand notice (Ext.P7), shall be kept in abeyance until the Tribunal passes its order and communicates it to the petitioner. The petitioner was instructed to furnish copies of the writ petition and the judgment to the Tribunal for further action. The Court's decision was based on its practice in similar matters where it directs the Appellate Authority to consider appeals and stays recovery pending disposal.
What were the facts?
The petitioner, M/s Nadakkal Service Co-operative Bank Ltd., filed a writ petition challenging recovery steps initiated by the respondents. The petitioner had preferred an appeal (Ext.P5) along with a stay petition (Ext.P6) before the Income Tax Appellate Tribunal (3rd respondent) against a rectification order (Ext.P4). The petitioner contended that recovery actions were being taken despite the pending appeal and stay petition. The issue in the appeal concerned the disallowance of deduction claimed under Section 80P of the Income Tax Act. The petitioner sought a direction to the Tribunal to consider the appeal and stay the recovery proceedings.
What were the issues?
1. Whether the Income Tax Appellate Tribunal should be directed to consider and pass orders on the petitioner's appeal against the rectification order, and 2. Whether recovery steps should be stayed pending the disposal of the appeal. Assessee's Contentions: The petitioner argued that recovery steps were being pursued by the respondents even before the stay petition was considered by the Tribunal. They relied on the fact that the appeal pertained to the disallowance of deduction under Section 80P of the Income Tax Act. Revenue's Contentions: The judgment records no specific contentions from 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.P4 rectification order under the Income Tax Act, the petitioner has preferred Ext.P5 appeal together with Ext.P6 stay petition before the 3rd respondent. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Ext.P4 rectification order. It is stated by the learned counsel for the petitioner that the issue involved in the appeal pertains to dis-allowance of deduction claimed under Section 80P of the Income Tax Act.
I have heard the learned counsel appearing for the petitioner and also the learned Standing counsel appearing for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the bar and taking note of the fact that in similar matters, this Court has directed the Appellate Authority to consider and pass orders in the appeal and stayed the recovery of disputed amounts pending disposal of the appeal, this Writ petition is disposed directing the 3rd respondent to consider and pass orders on Ext.P5 appeal within an outer time limit of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps, pursuant to Ext.P7 demand notice, shall be kept in abeyance till such time as orders are passed by the 3rd respondent as directed above and communicated to the petitioner. 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 Mrcs/5.12.
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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