PAPPINISSEERI CO-OPERATIVE RURAL BANK LIMITED NO-F 1321 vs. THE CENTRAL BOARD OF DIRECT TAXES
What did the High Court hold?
The High Court of Kerala held that recovery proceedings should be stayed until the appeals filed by the petitioner are disposed of. The Court acknowledged that the issue regarding the petitioner's coverage under Section 80P of the Income Tax Act, 1961, needs to be adjudicated based on the Full Bench decision in Mavilayil Service Co-operative Bank Limited v. Commissioner of Income Tax, Calicut. The Court disposed of the writ petition with a direction to stay recovery until the appeal is decided, without making any observations on the merits of the case. The operative direction is to stay recovery.
What were the facts?
The petitioner, Pappinisseri Co-operative Rural Bank Limited, filed a writ petition challenging the recovery proceedings initiated against it. The dispute pertains to assessment years 2013-14 and 2017-18. The petitioner had filed appeals before the first appellate authority, which were pending. The core of the dispute relates to the applicability of Section 80P of the Income Tax Act, 1961, to the petitioner. The High Court of Kerala was seized of the matter.
What were the issues?
1. Whether recovery proceedings can be initiated while an appeal is 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 argued that recovery should be stayed as appeals are pending before the first appellate authority. The issue of coverage under Section 80P is a matter to be adjudicated on the basis of the Full Bench decision in Mavilayil Service Co-operative Bank Limited v. Commissioner of Income Tax, Calicut. 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 was represented by its standing counsel.
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 The writ petition is against the recovery initiated while an appeal is 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 2013-14 and 2017-18. Exhibit P2 and P2(a) are the appeals 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 appeal is disposed of. The writ petition is disposed of with the above direction, without any observation on the merits of the matter. K.VINOD CHANDRAN JUDGE Vku/-
WP(C).9206 of 2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER NO. AACAP2188H DATED 19.01.2016 ISSUED FOR THE YEAR 2013-14 BY THE 2ND RESPONDENT. EXHIBIT P1 (A)OF THE ASSESSMENT ORDER NO. ITBA/AST/S/143(3)/2019-20/1022213028(1) DATED 12.12.2019 ISSUED FOR THE YEAR 2017- 18 BY THE 2ND RESPONDENT. EXHIBIT P2OF THE APPEAL DATED 25.02.2016 FILED BEFORE THE 3RD RESPONDENT FOR THE ASSESSMENT YEAR 2013-14. EXHIBIT P2 (A)OF THE APPEAL DATED 18.01.2020 FILED BEFORE THE 3RD RESPONDENT FOR THE ASSESSMENT YEAR 2017-18 EXHIBIT P3OF THE DEMAND NOTICE NO. PAN AACAP2188H/2013-14 DATED 19.01.2016 FOR THE YEAR 2013-14 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 (A)OF THE DEMAND NOTICE NO ITBA/AST/S/156/2019-20/1022213148(1) DATED 12.12.2019 FOR THE AYER 2017-18 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4OF THE STAY APPLICATION FILED ON 14.03.2020 BEFORE THE 3RD RESPONDENT IN EXT. P2 SERIES OF APPEAL. []
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 →- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026
- M/S. Nanda Contruction PVT. LTD., Angul vs. Additional Commissioner, GST And Central Excise Commissionerate, SundergarhOrissa · 28 Oct 2026
- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026