THE ALANALLUR SERVICE CO-OPERATIVE BANK LTD. NO.F 1178 vs. THE INCOME TAX OFFICER

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WP(C)/5498/2020HC KeralaKLHC01014666202013 March 2020Author: HONOURABLE MR.JUSTICE V.G.ARUN4 pages
AI SummaryRemanded

What did the High Court hold?

The High Court directed the Income Tax Appellate Tribunal (ITAT) to consider the petitioner's appeal as expeditiously as possible. Furthermore, the Court ordered that recovery proceedings based on the assessment order shall be kept in abeyance until final orders are passed in the appeal. The Court considered the limited relief sought by the petitioner. No specific findings were made on the merits of the deduction claim under Section 80P, as the writ petition was disposed of on procedural grounds.

What were the facts?

The petitioner, The Alanallur Service Co-operative Bank Ltd., a Primary Agricultural Credit Society, filed an appeal against an assessment order for the assessment year 2014-2015. The Commissioner of Income Tax (Appeals) dismissed the petitioner's appeal, disallowing a claim for deduction under Section 80P of the Income Tax Act. The petitioner then filed a further appeal before the Income Tax Appellate Tribunal (ITAT) along with a stay petition. This writ petition was filed seeking expeditious consideration of the appeal or stay petition and a deferment of recovery steps until a decision was rendered.

What were the issues?

1. Whether the Income Tax Appellate Tribunal should be directed to consider the petitioner's appeal expeditiously? (Question of procedure) 2. Whether recovery proceedings pursuant to the assessment order should be deferred until a decision is rendered on the appeal or stay petition? (Question of procedure) Assessee's Contentions: The petitioner argued for expeditious consideration of their appeal or stay petition and a stay on recovery proceedings. They relied on the fact that an appeal and stay petition were pending before the ITAT. Revenue's Contentions: The learned Standing Counsel for the Income Tax Department was heard.

Which sections of the Income-tax Act were involved?

Section 80P

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941 WP(C).No.5498 OF 2020(J) PETITIONER/S: THE ALANALLUR SERVICE CO-OPERATIVE BANK LTD. NO.F 1178 ALANALLUR, MANNARKKAD, PALAKKAD-678 601, REPRESENTED BY ITS SECRETARY, SREENIVASAN P., AGED 47, S/O. SANKARAN. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 THE INCOME TAX OFFICER WARD 4, AYAKAR BHAVAN, PALAKKAD-678 014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS) SAKTHAN NAGAR, THRISSUR-680 021. OTHER PRESENT: SC SRI.JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).5498/2020 2 V.G.ARUN, J. ----------------------------------------------- W.P(C).No. 5498 of 2020 ----------------------------------------------- Dated this the 13th day of March, 2020

JUDGMENT The petitioner, a Primary Agricultural Credit Society, had filed appeal against Exhibit P1 assessment order for the year 2014-2015. By Exhibit P2 order, the Commissioner of Income Tax (Appeals) dismissed the appeal, rejecting the petitioner's claim for deduction under Section 80P of the Income Tax Act. Aggrieved, the petitioner has preferred Exhibit P3 appeal before the Income Tax Appellate Authority. Along with the appeal, the petitioner has preferred Exhibit P4 stay petition also. The prayer in this writ petition is for expeditious consideration of either the appeal or the stay petition and to defer the recovery steps pursuant to Exhibit P1 assessment order, till a decision is rendered on either the appeal or the stay petition.

2.

Heard the learned Standing for the Income Tax Department also.

3.

Considering the limited relief sought, the writ petition is disposed of directing the 3rd respondent Tribunal to consider Exhibit P3 appeal as expeditiously as possible. Till final orders are passed in the appeal, recovery proceedings based on Exhibit P1 assessment order shall be kept in abeyance. V.G.ARUN, JUDGE vgs

Appendix — schedule of exhibits
APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2014-15 ATED 19.12.2016. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2014-15 DATED 10.12.2019. EXHIBIT P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2014-15 DATED 3.2.2020. EXHIBIT P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 3.2.2020.

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