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

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WP/4140/2020HC KarnatakaKAHC01008907202025 February 2020Bench: KRISHNA S DIXIT3 pages
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What did the High Court hold?

The High Court directed the Commissioner of Income Tax (Appeals) to consider the petitioner's appeal expeditiously. The court noted that a previous Division Bench judgment favored societies of this kind regarding Section 80P benefits.

What were the facts?

The petitioner, a co-operative society, challenged an assessment order that denied it the benefit under Section 80P of the Income Tax Act. The society had filed a statutory appeal against this order.

What were the issues?

The primary issue was whether the petitioner society was eligible for the deduction under Section 80P of the Income Tax Act. The court also considered the availability of alternative remedies.

Which sections of the Income-tax Act were involved?

Section 80P

AI-generated summary — verify with the full judgment below

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:

1.

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

2.

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

3.

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.

2.

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.

3.

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

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