VARKALA SERVICE CO-OPERATIVE BANK LTD.NO.161, vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court of Kerala, considering the facts and circumstances and submissions, disposed of the writ petition. It directed the Income Tax Appellate Tribunal (3rd respondent) to consider and pass orders on the petitioner's appeal (Ext.P4) within an outer time limit of six months. Furthermore, the Court ordered that recovery steps for the amounts confirmed against the petitioner by the rectified order (Ext.P3) shall be kept in abeyance until the Tribunal passes its orders and communicates them to the petitioner. The petitioner is directed to furnish a copy of the writ petition and the judgment to the Tribunal. The High Court did not decide the merits of the disallowance of deduction under Section 80P, as the primary focus was on procedural directions.
What were the facts?
The petitioner, Varkala Service Co-operative Bank Ltd., has filed a writ petition challenging a rectified order (Ext.P3) issued under the Income Tax Act. The petitioner has filed an appeal (Ext.P4) and a stay petition (Ext.P5) before the Income Tax Appellate Tribunal (3rd respondent). The petitioner contends that recovery steps are being initiated by the respondents even before the stay petition is considered. The core issue in the appeal relates to the disallowance of deduction claimed by the petitioner under Section 80P of the Income Tax Act. The petitioner seeks a direction for the expeditious disposal of their appeal and a stay on recovery proceedings.
What were the issues?
1. Whether the Income Tax Appellate Tribunal should be directed to consider and pass orders on the appeal filed by the petitioner concerning the disallowance of deduction under Section 80P of the Income Tax Act? 2. Whether recovery steps for the amounts confirmed by the rectified order should be stayed pending the disposal of the appeal? Assessee's Contentions: The petitioner argues that recovery steps are being pursued despite the pendency of their appeal and stay petition before the Tribunal. They rely on the fact that the appeal concerns the disallowance of deduction under Section 80P. Revenue's Contentions: The judgment does not record specific contentions from the revenue's side. 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
J U D G M E N T Against Ext.P3 rectified order under the Income Tax Act, the petitioner has preferred Ext.P4 appeal together with Ext.P5 stay petition 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 Ext.P3 rectified order. 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 W.P.(C).No.32075/2019 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 Ext.P4 appeal within an outer time limit of six months. Recovery steps for recovery of amounts confirmed against the petitioner by Ext.P3 rectified order, 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 the writ petition together with a copy of this judgment, before the 3rd respondent, for further action. A.K.JAYASANKARAN NAMBIAR JUDGE prp/27/11/19
W.P.(C).No.32075/2019
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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