KAIPAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.F 899 V. THE INCOME TAX OFFICER (TDS),

WP(C)/42936/2022

AI Insights

The case involves the Kaipamangalam Service Co-operative Bank Ltd., which challenged an assessment order (Ext.P2) for the assessment year 2021-22 under the Income Tax Act, 1961. The primary contention was the denial of benefits of deduction under Section 80P of the Income Tax Act. The respondent, the Income Tax Officer (TDS), defended the assessment, highlighting that all opportunities were provided to the petitioner and that there were additional issues beyond the deduction under Section 80P. The court found no extraordinary circumstances that warranted intervention under Article 226 of the Constitution and noted the availability of an effective alternative remedy through an appeal to the National Faceless Appeal Centre.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 749837 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 04-01-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: SREEHARI M SASINDRAN
• Keywords: Alternative remedy; Article 226; Assessment Order; Deduction Denial; Extraordinary Circumstances; National Faceless Appeal Centre; Writ petition
• Section: 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 4TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944 WP(C) NO. 42936 OF 2022 PETITIONER/S: KAIPAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.F 899 AGED 41 YEARS KAIPAMANGALAM POST, THRISSUR, REPRESENTED BY ITS SECRETARY. , PIN - 680681 BY ADVS. SREEHARI INDUKALADHARAN M.SASINDRAN RESPONDENT/S: THE INCOME TAX OFFICER (TDS), OFFICE OF THE INCOME TAX OFFICE (TDS) AAYAKAR BHAVAN, SAKATHAN THAMPURAN NAGAR, THRISSUR, PIN - 680001 BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 42936 OF 2022 2 JUDGMENT Petitioner suffered Ext.P2 order of assessment for the assessment year 2021-22 under the provisions of the Income Tax Act, 1961. According to the petitioner, the petitioner has been denied the benefits of deduction under Section 80P of the Income Tax Act. 2. Learned counsel appearing for the respondent- Department would point out that the assessment was completed, after providing all opportunities to the petitioner. It is submitted that, apart from the question of deduction under Section 80P of the Income Tax Act, certain other issues are also involved in the order of assessment. It is submitted that there are no extraordinary circumstances warranting determination of the questions raised in a writ petition under Article 226 of the Constitution of India. It is submitted that the petitioner can very well prefer an appeal before the appellate authority against Ext.P2 order of assessment. 3. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent Department, I am of the view that there is considerable merit in the contention taken by the learned counsel appearing for the WP(C) NO. 42936 OF 2022 3 respondent-Department. There are no extraordinary circumstances warranting the consideration of the correctness of Ext.P2 order of assessment in a writ petition under Article 226 of the Constitution of India. The petitioner has an effective alternative remedy of filing an appeal before the National Faceless Appeal Centre. Therefore, this writ petition stands disposed of, directing that if petitioner files an appeal against Ext.P2 order of assessment along with an application for stay, within a period of two weeks from the date of receipt of a certified copy of this judgment, all demands pursuant to Ext.P2 order of assessment shall be kept in abeyance till a decision is taken by the National Faceless Appeal Centre on the stay petition to be filed by the petitioner as above. The National Faceless Appeal Centre shall decide the stay petition to be filed, after affording an opportunity of hearing to the petitioner. If the petitioner does not file an appeal along with the stay petition within the time granted as above, the petitioner will lose the benefit of this judgment. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ajt WP(C) NO. 42936 OF 2022 4 APPENDIX OF WP(C) 42936/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 21.11.2022 ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR IS PRODUCED Exhibit P2 /-. A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2021-2022 DATED 14.12.2022 IS PRODUCED Exhibit P3 . A TRUE COPY OF THE DEMAND NOTICE NO.ITBA/AST/S/156/2022-23/1047985826(1) DATED 14.12.2022 IS PRODUCED "