M/S.COCHIN PORT EMPLOYEES CO-OP SOCIETY LTD,KOCHI vs. THE ITO, KOCHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the Pr. CIT's revision order was based on a High Court judgment that was subsequently overturned by the Supreme Court. Therefore, the foundation of the revision order no longer existed.
What were the facts?
The assessee, a co-operative society, claimed deduction under Section 80P(2) and its return was accepted. The Pr. CIT initiated revision proceedings under Section 263, citing the jurisdictional High Court's decision on interest income. However, this High Court decision was later reversed by the Supreme Court.
What were the issues?
Whether a revision order under Section 263, based on a High Court decision later reversed by the Supreme Court, is sustainable.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- Mavilayi Service Co-operative Bank Ltd. v. CIT999 citing431 ITR 1 · 2021 · SC
Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri George Mathan, JM & Shri M.Balaganesh, AM
This appeal filed by the assessee against the order of the Pr.CIT, Kochi, u/s.263 of the Income Tax Act, 1961 (Act), dated 13-03-2020 for the AY.2015-16.
Sri Anil D.Nair, Advocate appeared on behalf of the assessee and Sri Shantham Bose, CIT-DR appeared on behalf of Revenue.
It was the submission by the Ld.AR that the assessee is a co-operative society and filed its return of income seeking deduction u/s.80P(2) of the Act. The assessment was completed u/s.143(3) of the Act on 12-12-2017, accepting the returned income as NIL. It was the submission that subsequently notice u/s.263 was issued on the assessee relying upon the decision of the Full Bench of the Hon'ble jurisdictional High Court in the case of The Mavilayi Service Co-operative Bank Ltd., Vs.CIT. It was the submission that the Ld.Pr.CIT proposed the revision on the ground that the interest income derived from District Co-operative Societies was not specifically asked for and examined by the AO. It was the submission that the decision of the Full Bench of Hon'ble Jurisdictional High Court in the case of Mavilayi Service Co- operative Bank Ltd., Vs.CIT has been reversed by the Hon'ble Supreme Court in the case of Malvilayi Services Co-operative Bank, reported as 431 ITR 1 (SC). It was the submission that the order u/s.263 of the Act was liable to be annulled.
In reply, the Ld.DR vehemently supported the order of the Ld.Pr.CIT, Kochi-2.
We have considered the rival submissions. As it is noticed that the Ld.Pr.CIT has invoked his powers u/s.263 of the Act for the purpose of applying the decision of the Full Bench of Hon'ble Jurisdictional High Court in the case of Mavilayi Service Co- operative Bank Ltd., Vs.CIT and as the said decision now stands reversed by the Hon'ble Supreme Court referred to supra, the very foundation of the order u/s.263 no more survives and consequently the order passed u/s.263 of the Act stands quashed.
In the result, the appeal of assessee is allowed.
Dictated and pronounced in the open court on 15th March, 2022
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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