SHRI MAHESHWARA CREDIT vs COMMISSIONER OF INCOME TAX (APPEALS)

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 25TH DAY OF FEBRUARY, 2020

BEFORE

THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO. 4140 OF 2020 (T-IT)

BETWEEN:

SHRI MAHESHWARA CREDIT CO-OPERATIVE SOCIETY LTD., M.G.ROAD, HAVERI TALUK AND DISTRICT-571110. REP BY ITS SECRETARY- MR.CHANDRASHEKHARIAH MATAD.

… PETITIONER (BY SRI. MAHESH R UPPIN, ADVOCATE)

AND:

COMMISSIONER OF INCOME TAX (APPEALS) SHREE TOWERS, HADADI MAIN ROAD, OPP D.R.R.HOSPITAL, DAVANAGERE-577002.

INCOME TAX OFFICER WARD NO.5, SHREE TOWERS, HADADI MAIN ROAD, OPP D.R.R.HOSPITAL, DAVANAGERE-577002.

INCOME TAX OFFICER WARD NO.1, HAVERI TALUK AND DISTRICT-581110.

… RESPONDENTS (BY SRI. JEEVAN J NEERALGI, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ASSESSMENT ORDER DATED 17.12.2019 PASSED BY THE R-2 MARKED AS ANNEXURE-A OR IN THE ALTERNATIVE AND ETC.,

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER Petitioner, a society being an Assessee, is invoking the writ jurisdiction of this court for assailing the assessment order dated 17.12.2019 passed by the 2nd respondent herein at Annexure-A, whereby the benefit otherwise available to it in terms of Section 80P of the Income Tax Act, 1961, has been denied.

On request, the learned Senior Panel Counsel Sri.Jeevan J Neeralgi accepts notice for respondents and makes submission in justification of the impugned order; he also submits that since the petitioner admittedly has filed statutory appeal, he cannot pursue plural remedies.

Having heard the learned counsel for the parties and having perused the Petition Papers, this court is of a considered opinion that the question as to availability of the benefit under section 80P of the Act in favour of societies of the kind having been answered in favour of the Assessee by a Division Bench of this Court vide judgment dated 05.02.2014 in Income Tax Appeal No.5006/2013 between the Commissioner of Income Tax Vs. Sri. Bilur Gurubasava Pattna Sahakara Sangha Niyamitha, Bagalkot.

In the above circumstances, the petitioner’s subject appeal needs to be considered by the 1st respondent expeditiously and without insisting upon statutory pre- deposit.

Writ Petition is disposed off, ordering accordingly.

Time for compliance is three months.

No costs.

Sd/- JUDGE

Bsv

SHRI MAHESHWARA CREDIT vs. COMMISSIONER OF INCOME TAX (APPEALS)