THE PULLUR SERVICE CO-OPERATIVE BANK NO. F.550, V. THE COMMISSIONER OF INCOME TAX (APPEALS),

WP(C)/30579/2021

AI Insights

The case involves The Pullur Service Co-operative Bank, a Primary Agricultural Credit Society, which contested the rejection of its deduction claims under Section 80P of the Income Tax Act for the assessment years 2013-2014, 2014-2015, and 2015-2016. The rejection was based on the alleged failure to meet the criteria of a Primary Agricultural Credit Society as per the Co-operative Societies Act. The petitioner argued that the assessing officer did not consider a relevant Supreme Court judgment in Mavilayi Service Co-operative Bank v. Commissioner of Income Tax, which was delivered after the assessment orders were issued. The High Court, acknowledging the pending appeals before the Commissioner of Income Tax (Appeals), directed that these appeals be considered expeditiously and that no coercive actions be taken against the petitioner until the appeals are resolved.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 751592 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 14-01-2022
• Assessment Year: misc
• Other Referred Cases: Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others [2021 (1) KLT 485]
• Laws Referred To: Kerala Co-operative Societies Act, 1969, Section 80P
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: P C SASIDHARAN
• Keywords: Appeal; Assessment orders; Coercive Steps; Deduction; Income Tax; Primary Agricultural Credit Society
• Section: 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943 WP(C) NO. 30579 OF 2021 PETITIONER: THE PULLUR SERVICE CO-OPERATIVE BANK NO. F.550, PULLUR, THRISSUR-680683, REPRESENTED BY ITS SECRETARY. BY ADV P.C.SASIDHARAN RESPONDENTS: 1 THE COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE, ROOM NO.356 C.R.BUILDING, IP ESTATE, DELHI-110 002. 2 THE PRINCIPAL COMMISSIONER OF INCOME TAX, O/O. THE PRINCIPAL COMMISSIONER OF INCOME TAX, AYAKAR BHAVAN, MANANCHIRA, KOZHIKODE, KERALA-673 001. 3 THE INCOME TAX OFFICER, WARD 2(1), AAYANKAR BHAVAN, INCOME TAX OFFICE, SHAKTHAN THAMPURAN NAGAR, THRISSUR-680 001. ADV.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.30579 OF 2021 2 BECHU KURIAN THOMAS, J ======================= W.P.(C) No. 30579 of 2021 ------------------------------- Dated this the 14 th day of January, 2022 JUDGMENT Petitioner is a Primary Agricultural Credit Society registered under the Kerala Co-operative Societies Act, 1969. Ext.P1, Ext.P8 and Ext.P15 orders of assessment, relating to the assessment years 2013-2014, 2014-2015 & 2015-2016, were issued against the petitioner on 28.09.2021. In the assessment orders, 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. 2. While assailing the assessment orders before the 1 st respondent, 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 WP(C) NO.30579 OF 2021 3 the assessing officer, though the assessment orders were rendered subsequent to the Supreme Court Judgment. 3. Since the petitioner has already preferred appeals as Ext.P3, Ext.P10 & Ext.P17 and the same are pending consideration before the 1 st respondent, I deem it fit that this writ petition be disposed of directing the Appellate Authority to consider the appeals in a time bound manner. 4. Accordingly, there will be a direction to the 1 st respondent to consider and pass appropriate orders on Ext.P3, Ext.P10 & Ext.P17, as expeditiously as possible. 5. Till the disposal of the appeals, no coercive steps shall be initiated against the petitioner, pursuant to Ext.P1, Ext.P8 and Ext.P15 assessment orders. The writ petition is disposed of as above. Sd/- BECHU KURIAN THOMAS, JUDGE AMV/14/01/2022 WP(C) NO.30579 OF 2021 4 APPENDIX OF WP(C) 30579/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 28/09/2021 ISSUED BY THE 1ST RESPONDENT. Exhibit P2 TRUE COPY OF DEMAND NOTICE DATED 28/09/2021. Exhibit P3 TRUE COPY OF THE APPEAL DATED 27/10/2021. Exhibit P4 TRUE COPY OF THE ACKNOWLEDGMENT OF RECEIPT OF FORM EVIDENCING OF FILING APPEAL DATED 27/10/2021. Exhibit P5 TRUE COPY OF THE STAY PETITION DATED 15/11/2021. Exhibit P6 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 17/12/2021. Exhibit P7 TRUE COPY OF STAY PETITION FILED BY THE PETITIONER DATED 22/12/2021 BEFORE THE 2ND RESPONDENT. Exhibit P8 TRUE COPY OF THE ASSESSMENT ORDER DATED 28/09/2021 ISSUED BY THE 1ST RESPONDENT. Exhibit P9 TRUE COPY OF DEMAND NOTICE DATED 28/09/2021. Exhibit P10 TRUE COPY OF THE APPEAL DATED 27/10/2021. Exhibit P11 TRUE COPY OF THE ACKNOWLEDGMENT OF RECEIPT OF FORM EVIDENCING OF FILING APPEAL DATED 27/10/2021. Exhibit P12 TRUE COPY OF THE STAY PETITION DATED 15/11/2021. Exhibit P13 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 17/12/2021. Exhibit P14 TRUE COPY OF STAY PETITION FILED BY THE PETITIONER DATED 22/12/2021 BEFORE THE 2ND RESPONDENT. Exhibit P15 TRUE COPY OF THE ASSESSMENT ORDER DATED 28/09/2021 ISSUED BY THE 1ST RESPONDENT. Exhibit P16 TRUE COPY OF DEMAND NOTICE DATED 28/09/2021. Exhibit P17 TRUE COPY OF THE APPEAL DATED 27/10/2021. Exhibit P18 TRUE COPY OF THE ACKNOWLEDGMENT OF WP(C) NO.30579 OF 2021 5 RECEIPT OF FORM EVIDENCING OF FILING APPEAL DATED 27/10/2021. Exhibit P19 TRUE COPY OF THE STAY PETITION DATED 15/11/2021. Exhibit P20 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 17/12/2021. Exhibit P21 TRUE COPY OF STAY PETITION FILED BY THE PETITIONER DATED 22/12/2021 BEFORE THE 2ND RESPONDENT. Exhibit P22 TRUE COPY OF THE JUDGMENT IN WPC NO.14282/2021 DATED 19/07/2021. Exhibit P23 THE TRUE COPY OF THE JUDGMENT IN WPC NO.26935/2021 DATED 30/11/2021. RESPONDENTS EXHIBITS NIL TRUE COPY "