NARUVAMOODU SERVICE CO-OPERATIVE BANK LTD. NO.160, vs. THE INCOME TAX OFFICER,
What did the High Court hold?
The High Court of Kerala, while not deciding the merits of the disallowance of deduction under Section 80P, directed the 3rd respondent (ITAT) to consider and pass orders on the petitioner's appeal (Ext.P4) within six months from the date of receiving a copy of the judgment. Recovery steps for the amounts confirmed against the petitioner by the rectified order (Ext.P3) are to be kept in abeyance until the ITAT passes its order and communicates it to the petitioner. The Court noted that it has granted similar stays in other matters pending appeal. No specific finding was made on the disallowance of deduction under Section 80P, as the appeal is yet to be decided by the ITAT.
What were the facts?
The petitioner, Naruvamoodu Service Co-operative Bank Ltd., has filed a writ petition challenging a rectified order under the Income Tax Act. The petitioner has preferred an appeal and a stay petition before the Income Tax Appellate Tribunal (ITAT), Cochin Bench, which is the 3rd respondent. The core issue in dispute pertains to the disallowance of deduction under Section 80P of the Income Tax Act. The petitioner seeks a stay on recovery proceedings pending the disposal of their appeal by the ITAT.
What were the issues?
1. Whether the disallowance of deduction under Section 80P of the Income Tax Act is legally sustainable? The petitioner contends that the disallowance of deduction under Section 80P is the subject matter of their appeal before the ITAT. The revenue's contentions are not recorded in the judgment. The petitioner has filed an appeal (Ext.P4) and a stay petition (Ext.P5) before the ITAT against the rectified order (Ext.P3). The writ petition is filed seeking a direction for the expeditious disposal of the appeal and a stay on recovery proceedings.
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 and Ext.P5 stay petition before the 3rd respondent. It is stated that the issue involved pertains to the dis-allowance of deduction under Section 80P of the Income Tax Act.
I have heard the learned counsel for the petitioner as also the learned Standing counsel for the respondents.
Taking note of the fact that this Court has, in similar matters, granted a stay against recovery of amounts pending consideration of the appeal by the Appellate Authority, I dispose the writ petition with a direction to the 3rd respondent to consider and pass orders on Ext.P4 appeal, 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 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 and the order communicated to the petitioner. A.K.JAYASANKARAN NAMBIAR JUDGE Ska
WP(C).No.30409 OF 2019(A) 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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