KUNNUKARA SERVICE CO-OPERATIVE BANK LIMITED vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court held that if the respondents proceeded with coercive steps pending consideration of the rectification petitions, the statutory remedy available to the petitioner under Section 154 would be negated, and the petitioner would likely be put to difficulties. Therefore, the Court directed the respondents not to proceed with coercive steps against the petitioner pending the disposal of the rectification petitions (Exts. P7 to P9). The Court further directed that these rectification petitions should be considered and disposed of by the 2nd respondent (Commissioner of Income Tax (Appeals)) within a period of six months. The merits of the Section 80-P deduction disallowances were not decided in this writ petition, as the focus was on the procedural aspect of coercive recovery pending rectification.
What were the facts?
The petitioner, Kunnukara Service Co-operative Bank Limited, is an income tax assessee. For assessment years 2011-12, 2014-15, and 2015-16, the Income Tax Officer (1st respondent) disallowed the petitioner's claim for deduction under Section 80-P of the Income Tax Act, demanding significant amounts of tax: ₹32,52,018 for 2011-12, ₹30,11,950 for 2014-15, and ₹82,33,900 for 2015-16. The petitioner appealed these disallowances, arguing the reasoning was untenable. The appeals were dismissed by the Commissioner of Income Tax (Appeals) (2nd respondent). Subsequently, the petitioner filed petitions for rectification of mistakes under Section 154 of the Income Tax Act. While these rectification petitions were pending, the 1st respondent initiated coercive recovery proceedings.
What were the issues?
1. Whether the Income Tax Officer's disallowance of the petitioner's claim for deduction under Section 80-P of the Income Tax Act for assessment years 2011-12, 2014-15, and 2015-16 was legally tenable? (Question of law). The petitioner contended that the reasoning provided in the orders of disallowance (Exts. P1, P2, P3) was untenable. The revenue, through its Standing Counsel, appeared and took notice but no specific arguments were recorded in the judgment regarding the merits of the disallowance. 2. Whether the initiation of coercive proceedings by the Income Tax Officer pending the disposal of rectification petitions under Section 154 of the Income Tax Act would negate the statutory remedy available to the petitioner? (Question of mixed law and fact). The petitioner argued that proceeding with coercive steps would render their Section 154 remedy nugatory and cause them difficulties. The revenue did not present arguments on this point.
Which sections of the Income-tax Act were involved?
Section 80-P,Section 154
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT ~ ~ ~ ~ ~ ~ Dated this the 24th day of April, 2020 Standing Counsel for Income Tax takes notice for respondents 1 and 2. 2. Petitioner is an income tax assessee. The assessment years in question are 2011-'12, 2014-'15 and 2015-'
By Ext.P1, the 1st respondent disallowed petitioner's claim for deduction under Section 80-P of the Income Tax Act and demanded ₹32,52,018/- as tax. By Ext.P2, the 1st respondent disallowed petitioner's claim for deduction under Section 80-P of the Income Tax Act and demanded ₹30,11,950/- as tax. By Ext.P3, the 1st respondent disallowed petitioner's claim for deduction under Section 80-P of the Income Tax Act and demanded ₹82,33,900/- as tax. The petitioner filed appeals contending that reasoning given in Exts.P1, P2 and P3 is untenable. The appeals were dismissed as per Exts.P4 to P6. The petitioner thereupon filed petitions for rectification invoking : 3 : Section 154 of the Income Tax Act. Pending the petitions for rectification of mistakes, the 1st respondent initiated coercive proceedings as per Exts.P10 to P12. 3. Heard learned counsel for the petitioner and learned Standing Counsel for Income Tax.
If the respondents proceed with coercive steps pending consideration of the petitions for rectification, the statutory remedy available to the petitioner under Section 154 will be negated and the petitioner is likely to be put to difficulties. In the circumstances, the writ petition is disposed of directing the respondents not to proceed with coercive steps against the petitioner pending disposal of Exts.P7 to P9 petitions for rectification of mistakes. Exts.P7 to P9 shall be considered and disposed of by the 2nd respondent within a period of six months. N. NAGARESH, JUDGE aks/24.04.2020 : 4 :
Appendix — schedule of exhibits
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
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