VAKATHANAM SERVICE CO-OPERATIVE BANK LTD. vs. INCOME TAX OFFICER,
What did the High Court hold?
The High Court disposed of the writ petition by directing the Income Tax Appellate Tribunal (3rd respondent) to consider and pass orders on the appeals (Exts.P4 and P4(a)) within an outer time limit of six months from the date of receipt of a copy of the judgment. The Court also directed that recovery steps pursuant to the demand notice (Ext.P6) for the amounts confirmed against the petitioner shall be kept in abeyance until such time as the Tribunal passes orders on the appeals and communicates them to the petitioner. The petitioner is required to produce a copy of the judgment and the writ petition before the Tribunal for further action. The specific finding on the disallowance of deduction under Section 80P was not decided by the High Court, as the matter was disposed of procedurally.
What were the facts?
The petitioner, Vakathanom Service Co-operative Bank Ltd., is challenging assessment orders (Exts.P1 and P1(a)) passed by the Income Tax Officer. The petitioner has filed appeals (Exts.P4 and P4(a)) along with stay petitions (Exts.P5 and P5(a)) before the Income Tax Appellate Tribunal (3rd respondent). The petitioner contends that recovery steps are being taken despite the pendency of stay petitions. The core issue in the appeals relates to the disallowance of deductions claimed under Section 80P of the Income Tax Act. The assessment orders confirmed certain amounts, leading to a demand notice (Ext.P6).
What were the issues?
1. Whether the Income Tax Appellate Tribunal should be directed to consider and pass orders on the appeals filed by the petitioner, concerning disallowance of deduction under Section 80P of the Income Tax Act, within a specified timeframe? 2. Whether recovery steps for the amounts confirmed by the assessment orders should be stayed pending the disposal of the appeals by the Tribunal? Assessee's Contentions: The petitioner argues that recovery steps are being initiated prematurely, even before the stay petitions are considered by the Tribunal. They rely on the fact that the appeals pertain to the disallowance of deductions under Section 80P, which is a significant issue. Revenue's Contentions: The judgment does not record specific contentions from the revenue. However, the revenue is represented by the Income Tax Officer and the Commissioner of Income Tax (Appeals).
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 Against Exts.P1 and P1(a) assessment orders under the Income Tax Act, the petitioner has preferred Exts.P4 and P4(a) appeals, together with Exts.P5 and P5(a) stay petitions before the 3rd respondent. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Exts.P1 and P1(a) assessment orders. It is stated by the learned counsel for the petitioner that the issue involved in the appeal pertains to dis-allowance of deduction claimed under Section 80P of the Income Tax Act.
I have heard the learned counsel appearing for the petitioner and also the learned Standing Counsel appearing for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar and taking note of the fact that in similar matters, this Court has directed the Appellate Authority to consider and pass orders in the appeal and stayed the recovery of disputed amounts pending disposal of the appeal, this Writ petition is disposed directing the 3rd respondent to consider and pass orders on Exts.P4 and P4(a) appeals within an outer time limit of six months from the date of receipt of a copy of this judgment after hearing the petitioner. Recovery steps pursuant to Ext.P6 demand notice for recovery of amounts confirmed against the petitioner shall be kept in abeyance till such time as orders are passed by the 3rd respondent as directed above and communicated to the petitioner. The petitioner shall produce a copy of this judgment together with a copy of the writ petition before the 3rd respondent for further action. A.K.JAYASANKARAN NAMBIAR JUDGE
WP(C).No.32674 OF 2019(H) 3
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
- 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
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