Disposed

Perur Service Co-Operative Bank Limited No F 1614 v. Additional/Joint/Deputy/Assistant Commissioner of Income Tax

Kerala HC1 Oct 2021WP(C)/12987/2021

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Income Tax Appellate Authority to consider the petitioner's pending appeal regarding the rejection of Section 80P deduction within six months. The court also directed that no deposit be insisted upon and coercive steps be stayed during this period.

What did the court decide?

Directing the Appellate Authority to consider the appeal within six months without insisting on deposit and staying coercive steps.

Perur Service Co-Operative Bank Limited No F 1614 Vs… — Income Tax | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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FRIDAY, THE 1^ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943

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WP(C) NO. 12987 OF 2021

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PETITIONER :

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M/S.PERUR SERVICE CO-OPERATIVE BANK LIMITED NO F 1614, PERUR, LAKKIDI, OTTAPPALAM – 679 302. -REPRESENTED BY ITS SECRETARY,SRI.SATHISH K.

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BY ADVS. T.M.SREEDHARAN (SR.) V.P.NARAYANAN NISHA JOHN

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RESPONDENTS :

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1 ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX OFFICER,NATIONAL E-ASSESSMENT CENTRE, NEW DELHI-110001.

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2 THE COMMISSIONER OF INCOME TAX(APPEALS), NATIONAL FACELESS APPEAL CENTRE, NEW DELHI-110001.

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BY ADVS. SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES) JOSE JOSEPH, SC, FOR INCOME TAX

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12987 OF 2021

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BECHU KURIAN THOMAS, J.

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Dated this the 1^st day of October, 2021

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JUDGMENT

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Petitioner is a Primary Agricultural Credit Society registered under the Co-operative Societies Act, 1969. Ext.P1 order of assessment was issued against the petitioner on 24.02.2021. In the assessment order, petitioner's claim for deduction under Section 80P was rejected on the ground that there was no evidence to show that petitioner satisfied the ingredients of the Primary Agricultural Credit Society as contemplated under the Co-operative Societies Act.

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While assailing the assessment order before the 2^nd respondent Appellate Authority, petitioner has sought to canvass that the judgment of the Supreme Court in Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others [2021 (1) KLT 485] was not considered by the assessing officer though the assessment order was rendered subsequent to the Supreme Court judgment.

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Since the petitioner has already preferred an appeal as Ext.P2 and the same is pending consideration before the 2^nd

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WP(C) NO. 12987 OF 2021

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respondent, I deem it fit that this writ petition be disposed of directing the Appellate Authority to consider the appeal in a time bound manner.

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Accordingly there will a direction to the 2^nd respondent to consider and pass appropriate orders on Ext.P2, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this judgment. It is clarified that the Appellate Authority shall not insist on deposit of 20% of the amount in dispute considering the nature of the case that has been pleaded by the petitioner. Till such time, no coercive steps shall be initiated pursuant to Ext.P1 assessment order.

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The writ petition is disposed of as above.

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Sd/- BECHU KURIAN THOMAS, JUDGE

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RKM

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WP(C) NO. 12987 OF 2021

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APPENDIX OF WP(C) 12987/2021

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PETITIONER'S EXHIBITS :

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Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER AND DEMAND NOTICE DATED 24.2.2021 ALONG WITH COMPUTATION OF INCOME ALONG WITH DEMAND OF INCOME TAX FOR AY 2018-19 BY THE 1ST RESPONDENT. Exhibit P2 TRUE COPY OF THE MEMORANDUM OF APPEAL E- FILED DATED 22.03.2021 FOR THE ASSESSMENT YEAR 2018-19 FILED BEFORE THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE STAY PETITION DATED 22.06.2021 FILED BY THE PETITIONER FOR AY2018-19 BEFORE THE 2ND RESPONDENT.

Perur Service Co-Operative Bank Limited No F 1614 v. Additional/Joint/Deputy/Assistant Commissioner of Income Tax

Case brief

What is this about?

What did the court decide?

Perur Service Co-Operative Bank Limited No F 1614 v. Additional/Joint/Deputy/Assistant Commissioner of Income Tax

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

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