SHRI.SAI CREDIT SOUHARD SAHAKARI NIYAMIT CHIKODI vs INCOME TAX OFFICER

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 15TH DAY OF NOVEMBER 2021 BEFORE THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO.138384/2020 (T, IT) BETWEEN:

SHRI.SAI CREDIT SOUHARD SAHAKARI NIYAMIT CHIKODI., REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SHRI.MAHADEV S/O BALARAM BADIGER, AGE: 44 YEARS, OCC: SERVICE, R/O: KAROSHI, TQ: CHIKKODI, DIST: BELAGAVI. ……PETITIONER (BY SRI SANGRAM S.KULKARNI, ADVOCATE)

AND :

THE INCOME TAX OFFICER, WARD NO.1,NIPPANI, NEMCHAND NIWAS, OPP. SYNDICATE BANK, ASHOK NAGAR, NIPPANI, KARNATAKA-591 237. ……RESPONDENT (BY SRI Y.V.RAVIRAJ, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDERS VIDE ANNEXURE-A BEARING NO.ITBA/AST/S/143(3)/2019-2020/ 1023454482(1) PASSED BY THE RESPONDENT INCOME TAX OFFICER WARD(1), NIPPANI ON 30.12.2019.

THIS PETITION COMING ON FOR HEARING INTERLOCUTORY APPLICATION, THIS DAY, THE COURT MADE THE FOLLOWING:

: 2 : ORDER

In this case the petitioner is challenging an order of assessment. It is not in dispute that as against the said order of assessment a first appeal has been preferred and same is pending consideration.

It is also not in dispute that in the said appeal an application seeking for interim relief is also pending consideration. In my view, interest of justice would be served if the Appellate Authority is directed to consider the application filed by the petitioner for grant of an interim order in the appeal filed against the order of assessment and until then the Revenue be restrained from enforcing the order of assessment.

It is also made clear that the Appellate Authority shall take into consideration the Judgment rendered by this Court in Writ Petition No.481414/2018, in which, it has been held that the Souhardh Co-operative Society is also required to be considered as a Cooperative Society and would be entitled to

: 3 : the same benefit as envisages under Section 80(P) of the Income Tax Act.

With the above, petition is disposed off.

Sd/- JUDGE CKK

SHRI.SAI CREDIT SOUHARD SAHAKARI NIYAMIT CHIKODI vs. INCOME TAX OFFICER