SREE CAUVERY SOUHARDA CREDIT vs. UNION OF INDIA

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WP/28069/2012HC KarnatakaKAHC01036243201205 November 2012Bench: H.G.RAMESH3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the eligibility for deduction under Section 80P is a mixed question of law and fact. The court also noted that the impugned order is appealable under the Act.

What were the facts?

The petitioner, a Co-operative Society, sought rectification of an order concerning its eligibility for deduction under Section 80P of the Income Tax Act. The Income Tax Officer rejected the rectification application.

What were the issues?

Whether the High Court should entertain a writ petition when a statutory remedy of appeal is available. Whether the petitioner's income qualifies for deduction under Section 80P.

Which sections of the Income-tax Act were involved?

Section 80P

AI-generated summary — verify with the full judgment below

-1- W.P. No.28069/2012 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 5TH DAY OF NOVEMBER 2012

BEFORE

THE HON'BLE MR. JUSTICE H. G. RAMESH

WRIT PETITION No.28069 OF 2012 (T-ITS)

BETWEEN:

SREE CAUVERY SOUHARDA CREDIT CO-OPERATIVE LIMITED, NO.7, KODAVA SAMAJ COMPLEX 1ST MAIN ROAD, VASANTHNAGAR BANGALORE-560 052 REPRESENTED BY ITS SECRETARY

... PETITIONER

(BY SRI SACHIN B.S., ADVOCATE FOR M/S. DHARMASHREE ASSOCIATES, ADVOCATES)

AND:

1.

UNION OF INDIA

MINISTRY OF FINANCE

NEW DELHI

REPRESENTED BY ITS

SECRETARY-110032

2.

THE UNDER SECRETARY

TO THE GOVERNMENT OF INDIA

CENTRAL BOARD OF DIRECT TAXES (CBDT)

DEPARTMENT OF REVENUE

CENTRAL BOARD OF DIRECT TAXES

NEW DELHI-110032

3.

THE CHIEF COMMISSIONER OF

INCOME TAX FOR KARNATAKA AND GOA

BANGALORE-560001

4.

THE INCOME TAX OFFICER

WARD NO.6(4), 14/2 R.P. BHAVAN NRUPATUNGA ROAD

-2- W.P. No.28069/2012 OPP: R.B.I. BANGALORE: 560 001

… RESPONDENTS

(BY SRI INDRAKUMAR, SENIOR COUNSEL FOR SRI E.I. SANMATHI, ADVOCATE FOR R2 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REJECTION OF APPLICATION FOR RECTIFICATION LETTER DTD. 17.7.12 ISSUED BY R4 ANNX-A AND ETC.,

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

H.G.RAMESH, J. (Oral):

It is not the case of the petitioner that the income of all kinds of Co-operative Societies qualify for deduction under Section 80P of the Income Tax Act, 1961 (‘the Act’ for short). Whether the income of the petitioner-Society qualifies for deduction under Section 80P of the Act or not is a mixed question of law and fact which requires to be examined by the concerned statutory authorities. It is fairly not disputed by the learned Counsel for the petitioner that the order dated 17.07.2012 impugned herein is appealable under the provisions of the Act. As the petitioner has a statutory

-3- W.P. No.28069/2012 remedy of appeal, I decline to entertain this writ petition with liberty to the petitioner to avail of the statutory remedy of appeal in accordance with law. Petition dismissed.

Sd/-

JUDGE BNS

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