THE ALANALLUR SERVICE CO-OPERATIVE BANK LTD. NO.F 1178 vs. THE INCOME TAX OFFICER
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?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
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.
Heard the learned Standing for the Income Tax Department also.
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
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
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- Shri Na vs Ari Khedut Sahkari Society Ltd…ITA 362/SRT/2025[2016-17]Status: Disposed9 Oct 2026AY 2016-17
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