VEMBAYAM SERVICE CO-OPERATIVE BANK LTD. NO.3121 vs. THE INCOME TAX OFFICER,
What did the High Court hold?
The High Court disposed of the writ petition by directing the third respondent (Income Tax Appellate Tribunal) to consider and pass orders on the petitioner's appeal (Ext.P4) within an outer time limit of six months. The Court also ordered that recovery steps pursuant to the demand notice (Ext.P6) for the amounts confirmed against the petitioner shall be kept in abeyance until the ITAT passes its orders and communicates them to the petitioner. The reasoning is based on the Court's practice in similar matters where it has directed appellate authorities to consider appeals and stayed recovery pending disposal. The principle is that recovery should be deferred until the appellate authority adjudicates the appeal, especially when the appeal concerns a significant deduction claim.
What were the facts?
The petitioner, Vembayam Service Co-operative Bank Ltd., has filed a writ petition challenging a rectified order under the Income Tax Act. The petitioner has appealed this order and filed a stay petition before the Income Tax Appellate Tribunal (ITAT), the third respondent. The petitioner contends that recovery steps are being taken for the amounts confirmed by the rectified order, even before the stay petition is considered. The core issue in the appeal relates to the disallowance of a deduction claimed under Section 80P of the Income Tax Act. The petitioner seeks a direction for the ITAT to consider and pass orders on their appeal.
What were the issues?
1. Whether the Income Tax Appellate Tribunal (ITAT) should be directed to consider and pass orders on the appeal filed by the petitioner within a specified timeframe? (Question of procedure) Assessee's Contention: The petitioner argues that recovery steps are being initiated by the revenue for amounts confirmed by a rectified order, despite an appeal and stay petition being filed before the ITAT. They seek a direction for expeditious disposal of their appeal. Revenue's Contention: The judgment does not record any specific contentions made by the revenue. However, the context implies that the revenue is pursuing recovery of the disputed tax demand.
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 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 Government Pleader 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 Ext.P4 appeal within an outer time limit of six months. 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. A.K.JAYASANKARAN NAMBIAR
JUDGE
WP(C).No.29882 OF 2019(I) 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
Recent GST High Court judgments
Search GST case law →- Commissioner/Additional Commissioner Of Central Tax vs. M/S INDIA Agro Exports Private LimitedKarnataka · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- M/S. Rohit Medical Systems vs. Commissioner Of Delhi Goods And Services Tax And Anr.Delhi · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- Shivam Kumar vs. The State Of BiharPatna · 28 Oct 2026