THE VARAVOOR SERVICE CO-OPERATIVE BANK LTD NO.R. 299 vs. THE COMMISSIONER OF INCOME TAX(APPEALS)
What did the High Court hold?
The High Court held that recovery proceedings should be stayed until the appeals are disposed of by the first appellate authority. The Court did not make any observations on the merits of the case, including the petitioner's eligibility for deduction under Section 80P of the Income Tax Act, 1961. The decision to stay recovery was based on the pendency of appeals and stay petitions before the Commissioner of Income Tax (Appeals). The operative direction was to stay the recovery until the appeals are decided. No issue was left undecided; the court specifically refrained from deciding the merits.
What were the facts?
The petitioner, The Varavoor Service Co-operative Bank Ltd, filed a writ petition challenging recovery proceedings initiated by the respondents, the Commissioner of Income Tax (Appeals) and the Income Tax Officer. The dispute pertains to assessment years 2012-2013 and 2017-2018. Appeals and stay petitions are pending before the first appellate authority. The core issue revolves around the petitioner's eligibility for deduction under Section 80P of the Income Tax Act, 1961, a matter to be decided in light of a Full Bench decision.
What were the issues?
1. Whether recovery proceedings can be initiated while appeals and stay petitions are pending before the first appellate authority, particularly concerning the coverage of the petitioner under Section 80P of the Income Tax Act, 1961? Assessee's Contention: The assessee, The Varavoor Service Co-operative Bank Ltd, implicitly argues that recovery should be stayed pending the disposal of their appeals and stay petitions before the Commissioner of Income Tax (Appeals). They rely on the principle that recovery should not be pursued while the tax liability is under dispute and subject to appellate review. Revenue's Contention: The judgment does not record any specific contentions made by the revenue regarding the stay of recovery or the merits of the Section 80P issue. The revenue's role is represented by the respondents against whom the writ petition was filed.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
J U D G M E N T The writ petition is against the recovery initiated while appeals are pending. The issue is also with respect to the coverage of the petitioner under Section 80P of the Income Tax Act, 1961, which has to be adjudicated on the basis of the Full Bench decision in Mavilayil Service Co
- operative Bank Limited v. Commissioner of Income Tax, Calicut [2019 (2) KHC 287 (FB)].
In the present case, the demand is with respect to assessment years 2012-2013 and 2017-2018. Exhibits P8 and P3 appeals and Exhibits P5 and P10 stay petitions are pending before the first appellate authority. In the circumstance of the case, I am of the opinion that there shall be a stay of recovery till the appeals are disposed of. The writ petition is disposed of with the above direction, without any observation on the merits of the matter. pkk K.VINOD CHANDRAN, JUDGE
W.P.(C) No.8882 of 2020 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER DATED 13.11.2019. EXHIBIT P2OF THE DEMAND NOTICE DATED 13.11.2019. EXHIBIT P3OF THE APPEAL DATED 13.12.2019. EXHIBIT P4OF THE ORDER DATED 17.1.2020. EXHIBIT P5OF THE STAY PETITION DATED 24.1.2020. EXHIBIT P6OF THE ASSESSMENT ORDER DATED 19.11.2019.` EXHIBIT P7OF THE DEMAND NOTICE DATED 19.11.2019. EXHIBIT P8OF THE APPEAL DATED 28.12.2019. EXHIBIT P9OF THE ORDER DATED 17.01.2020. EXHIBIT P10OF THE STAY PETITION DATED 24.01.2020. EXHIBIT P11OF THE JUDGMENT DATED 1.7.2019 IN WA NO.1536 OF 2019.
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
Recent GST High Court judgments
Search GST case law →- M/S. Rohit Medical Systems vs. Commissioner Of Delhi Goods And Services Tax And Anr.Delhi · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- Shivam Kumar vs. The State Of BiharPatna · 28 Oct 2026
- M/S Rajkalpana Travels PVT. LTD. vs. Commissioner CGST, Delhi North CommissionerateDelhi · 28 Oct 2026
- Mahaveer Ispat Traders vs. Principal Commissioner Dgst Delhi Department Of Trade And Taxes Gnctd & Anr.Delhi · 28 Oct 2026