THE MUNDUR SERVICE CO-OPERATIVE BANK LTD. V. THE INCOME TAX OFFICER

WA/1644/2019

AI Insights

The case involves multiple writ appeals filed by various Co-operative Societies against the interim orders of the Commissioner of Income Tax (Appeals), which insisted on a 20% payment of the disputed tax amount for granting stay pending the disposal of the appeals. The appellants challenged the interim orders based on a change in the legal principle regarding deductions permissible under Section 80P of the Income Tax Act, 1961, following a Full Bench decision in The Mavilayi Service Co-operative Bank v. Commissioner of Income Tax. The High Court found that the assessments required a re-look in light of the new legal principles and directed an absolute stay on the payment condition pending the appeals' disposal.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 770046 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 19-07-2019
• Assessment Year: misc
• Other Referred Cases: The Mavilayi Service Co operative Bank v. Commissioner of Income Tax, Chirakkal Service Co operative Bank Ltd. v. Commissioner of Income Tax, Citizen Co-operative Society Ltd. v. Assistant Commissioner of Income Tax, Perinthalmanna Co operative Bank Ltd. v. Income Tax Officer and Another
• Laws Referred To: Income Tax Act, 1961, Kerala Co-operative Societies Act, 1969
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: HARISANKAR MENON; K KRISHNA; MEERA MENON
• Keywords: Appeal; Assessment; Co-operative societies; Deductions; Income Tax; Interim Stay
• Section: 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941 WA.No.1639 of 2019 AGAINST THE JUDGMENT DATED 01.07.2019 IN WP(C) 17748/2019 of HIGH COURT APPELLANT/PETITIONER: THE PULPATTA CO-OPERATIVE URBAN CREDIT SOCIETY LTD. NO.7445, PULAPATTA P.O., UMMANEZHI, PALAKKAD-678 632, REPRESENTED BY ITS SECRETARY, JAYASANKARAN.K., AGED 40, S/O.KUTTYRAMAN. BY ADVS.SRI.HARISANKAR V. MENON SMT.K.KRISHNA SMT.MEERA V.MENON RESPONDENTS/RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD 3, AYAKAR BHAVAN, PALAKAKD-678 014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), SAKTHAN NAGAR, THRISSUR-680 001. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19.07.2019, ALONG WITH WA.1644/2019, WA.1642/2019, WA.1651/2019, WA.1641/2019, WA.1652/2019, WA.1649/2019, WA.1647/2019, WA.1646/2019, WA.1643/2019, WA.1640/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. Nos.1639/2019 & Connected cases -:2:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941 WA.No.1640 of 2019 AGAINST THE JUDGMENT DATED 01.07.2019 IN WP(C) NO.17738/2019 of HIGH COURT APPELLANT/PETITIONER: THE KARAKURISSI SERVICE CO-OPERATIVE BANK LTD NO. P 1025, KARAKURISSI, PALAKKAD 678 595, REPRESENTED BY ITS SECRETARY, A. JAYASREE, AGED 48, D/O. A. ANIYAN MENON. BY ADVS.SRI.HARISANKAR V. MENON SMT.K.KRISHNA SMT.MEERA V.MENON RESPONDENTS/RESPONDENTS: 1 THE INCOME TAX OFFICER WARD 2, AYAKAR BHAVAN, PALAKKAD 678 014 2 THE COMMISSIONER OF INCOME TAX (APPEALS), SAKTHAN NAGAR, THRISSUR 680 001 OTHER PRESENT: SRI. JOSE JOSEPH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.07.2019, ALONG WITH WA.1639/2016, WA.1641/2019, WA.1642/2019, WA.1643/2019, WA.1644/2019, WA.1646/2019, WA.1647/2019, WA.1649/2019, WA.1651/2019, WA.1652/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. Nos.1639/2019 & Connected cases -:3:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941 WA.No.1641 of 2019 AGAINST THE JUDGMENT DATED 01.07.2019 IN WP(C)NO.17751/2019 of HIGH COURT APPELLANT/PETITIONER: THE THACHAMPARA SERVICE CO-OPERATIVE BANK LTD. NO. 3150, MAIN ROAD, THACHAMPARA, PALAKKAD - 678 593, REPRESENTED BY ITS SECRETARY, JAYAKUMAR.M, AGED 52, S/O. PADMANABHAN NAIR BY ADVS.SRI.HARISANKAR V. MENON SMT.K.KRISHNA SMT.MEERA V.MENON RESPONDENTS/RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD 4, AYAKAR BHAVAN, PALAKKAD - 678 014 2 THE COMMISSIONER OF INCOME TAX (APPEALS) SAKTHAN NAGAR, THRISSUR - 680 001 OTHER PRESENT: SRI JOSE JOSEPH STANDING COUNSEL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.07.2019, ALONG WITH WA.1644/2019, WA.1642/2019, WA.1651/2019, WA.1652/2019, WA.1649/2019, WA.1647/2019, WA.1646/2019, WA.1643/2019, WA.1640/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. Nos.1639/2019 & Connected cases -:4:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941 WA.No.1642 of 2019 AGAINST THE JUDGMENT DATED 01.07.2019 IN WP(C)NO.17742/2019 of HIGH COURT APPELLANT/PETITIONER: THE PATTAMBI SERVICE CO-OPERATIVE BANK LTD NO. P 585, RAZMALL COMPLEX, PALLIPURAM ROAD, PATTAMBI, PALAKKAD - 679 303, REPRESENTED BY ITS SECRETARY, C. GIRIJA, AGED 57, D/O.E.P. NARAYANAN NAIR BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS/RESPONDENTS: 1 THE INCOME TAX OFFICER WARD 3, AYAKAR BHAVAN, PALAKKAD - 678 014 2 THE COMMISSIONER OF INCOME TAX (APPEALS) SAKTHAN NAGAR, THRISSUR - 680 001 OTHER PRESENT: SRI JOSE JOSEPH STANDING COUNSEL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.07.2019, ALONG WITH WA.1644/2019, WA.1651/2019, WA.1641/2019, WA.1652/2019, WA.1649/2019, WA.1647/2019, WA.1646/2019, WA.1643/2019, WA.1640/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. Nos.1639/2019 & Connected cases -:5:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941 WA.No.1643 of 2019 AGAINST THE JUDGMENT DATED 01.07.2019 IN WP(C)NO.17746/2019 of HIGH COURT APPELLANT/PETITIONER: THE POTTASSERY SERVICE CO-OPERATIVE BANK LTD NO. P543, POTTASSERY P.O., MANNARKKAD, PALAKKAD-678 598, REPRESENTED BY ITS SECRETARY, JOLLY SEBASTIAN, AGED 54, S/O DEVASIA BY ADVS.SRI.HARISANKAR V. MENON SMT.K.KRISHNA SMT.MEERA V.MENON RESPONDENTS/RESPONDENTS: 1 THE INCOME TAX OFFICER WARD 4, AYAKAR BHAVAN, PALAKKAD - 678 014 2 THE COMMISSIONER OF INCOME TAX (APPEALS) SAKTHAN NAGAR, THRISSUR - 680 001 OTHER PRESENT: SRI JOSE JOSEPH STSNDING COUNSEL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.07.2019, ALONG WITH WA.1644/2019, WA.1642/2019, WA.1651/2019, WA.1641/2019, WA.1652/2019, WA.1649/2019, WA.1647/2019, WA.1646/2019, WA.1640/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. Nos.1639/2019 & Connected cases -:6:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941 WA.No.1644 of 2019 AGAINST THE JUDGMENT DATED 01.07.2019 IN WP(C)NO.17735/2019 of HIGH COURT APPELLANT/PETITIONER: THE MUNDUR SERVICE CO-OPERATIVE BANK LTD. NO. F 1650, MUNDUR, PALAKKAD - 678 592, REPRESENTED BY ITS SECRETARY, JIJUMON.A.J., AGED 45, S/O.JAYAPRAKASH.A.L. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS/RESPONDENTS: 1 THE INCOME TAX OFFICER WARD 2, AYAKAR BHAVAN, PALAKKAD - 678 014 2 THE COMMISSIONER OF INCOME TAX (APPEALS) SAKTHAN NAGAR, THRISSUR - 680 001 OTHER PRESENT: SRI JOSE JOSEPH STANDING COUNSEL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.07.2019, ALONG WITH WA.1642/2019, WA.1651/2019, WA.1641/2019, WA.1652/2019, WA.1649/2019, WA.1647/2019, WA.1646/2019, WA.1643/2019, WA.1640/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. Nos.1639/2019 & Connected cases -:7:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941 WA.No.1646 of 2019 AGAINST THE JUDGMENT DATED 01.07.2019 IN WP(C)NO.17789/2019 of HIGH COURT APPELLANT/PETITIONER: THE KUMARAMPUTHUR SERVICE CO-OPERATIVE BANK LTD., NO.P 373, MANNARKKAD COLLEGE P.O., KUMARAMPUTHUR, MANNARKKAD, PALAKKAD - 678 583, REPRESENTED BY ITS SECRETARY-IN-CHARGE, N.KRISHNADAS, AGED 56, S/O.RAGHAVAN NAIR. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS/RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD 4, AYAKAR BHAVAN, PALAKKAD - 678 014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), SAKTHAN NAGAR, THRISSUR - 680 001. OTHER PRESENT: SRI JOSE JOSEPH STANDING COUNSEL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.07.2019, ALONG WITH WA.1644/2019, WA.1642/2019, WA.1651/2019, WA.1641/2019, WA.1652/2019, WA.1649/2019, WA.1647/2019, WA.1643/2019, WA.1640/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. Nos.1639/2019 & Connected cases -:8:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941 WA.No.1647 of 2019 AGAINST THE JUDGMENT DATED 01.07.2019 IN WP(C)NO.17731/2019 of HIGH COURT APPELLANT/PETITIONER: M/S.KONGAD SERVICE CO-OPERATIVE BANK LTD., NO.P-538, KONGAD POST, PALAKKAD -678 631, REPRESENTED BY ITS SECRETARY, SHYLA K., AGED 55, D/O.C.GANGADHARAN NAIR. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS/RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD-2, AYAKAR BHAVAN, PALAKKAD - 678 014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), SAKTHAN NAGAR, THRISSUR-680 001. OTHER PRESENT: SRI JOSE JOSEPH STANDING COUNSEL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.07.2019, ALONG WITH WA.1644/2019, WA.1642/2019, WA.1651/2019, WA.1641/2019, WA.1652/2019, WA.1649/2019, WA.1646/2019, WA.1643/2019, WA.1640/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. Nos.1639/2019 & Connected cases -:9:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941 WA.No.1649 of 2019 AGAINST THE JUDGMENT DATED 01.07.2019 IN WP(C)NO.17740/2019 of HIGH COURT APPELLANT/PETITIONER: THE THATHAMANGALAM SERVICE CO-OPERATIVE BANK LTD NO. P 502, THATHAMANGALAM, PALAKKAD 678 012, REPRESENTED BY ITS SECRETARY K. JYOTHI, AGED 42, W/O. DIVYA PRASAD. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS/RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD 5, AYAKAR BHAVAN, PALAKKAD 678 014 2 THE COMMISSIONER OF INCOME TAX (APPEALS), SAKTHAN NAGAR, THRISSUR 680 001 OTHER PRESENT: SRI JOSE JOSEPH STANDING COUNSEL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.07.2019, ALONG WITH WA.1644/2019, WA.1642/2019, WA.1651/2019, WA.1641/2019, WA.1652/2019, WA.1647/2019, WA.1646/2019, WA.1643/2019, WA.1640/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. Nos.1639/2019 & Connected cases -:10:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941 WA.No.1651 of 2019 AGAINST THE JUDGMENT DATED 01.07.2019 IN WP(C)NO.17783/2019 of HIGH COURT APPELLANT/PETITIONER: THE PERINGODE SERVICE CO-OPERATIVE BANK LTD NO F.552, 13/325, PARASSERY POST, KONGAD, PALAKKAD-678 582, REPRESENTED BY ITS SECRETARY IN CHARGE, M.P.SASIKALA, AGED 57, D/O M.P.VASUDEVAN. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS/RESPONDENTS: 1 THE INCOME TAX OFFICER WARD 2, AYAKAR BHAVAN, PALAKKAD-678 014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), SAKTHAN NAGAR, THRISSUR-680 001. OTHER PRESENT: SRI JOSE JOSEPH STANDING COUNSEL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.07.2019, ALONG WITH WA.1644/2019, WA.1642/2019, WA.1641/2019, WA.1652/2019, WA.1649/2019, WA.1647/2019, WA.1646/2019, WA.1643/2019, WA.1640/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. Nos.1639/2019 & Connected cases -:11:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941 WA.No.1652 of 2019 AGAINST THE JUDGMENT DATED 01.07.2019 IN WP(C)NO.17729/2019 of HIGH COURT APPELLANT/PETITIONER: THE MANNARKKAD GOVT EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD, P-630, MANNARKKAD P.O, PALAKKAD-678 582, REPRESENTED BY ITS SECRETARY, ZAIBUNEESA C.P, AGED 57, D/O. MOIDEENKUTTY. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS/RESPONDENTS: 1 THE INCOME TAX OFFICER WARD 4, AYAKAR BHAVAN, PALAKKAD-678 014 2 THE COMMISSIONER OF INCOME TAX (APPEALS) SAKTHAN NAGAR, THRISSUR-680 001 OTHER PRESENT: SRI JOSE JOSEPH STANDING COUNSEL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.07.2019, ALONG WITH WA.1644/2019, WA.1642/2019, WA.1651/2019, WA.1641/2019, WA.1649/2019, WA.1647/2019, WA.1646/2019, WA.1643/2019, WA.1640/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. Nos.1639/2019 & Connected cases -:12:- C.K.ABDUL REHIM & R.NARAYANA PISHARADI,JJ. = = = = = = = = = = = = = = = = = = W .A. No.1639, 1640,1641,1642, 1643, 1644, 1646, 1647, 1649, 1651 & 1652 of 2019 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of July,2019 J U D G M E N T C.K.ABDUL REHIM , J. Since identical judgments of the Single Judge are under challenge in these writ appeals, all the cases were considered together and disposed of through this common judgment. 2. Ext.P4 orders of the Commissioner of Income Tax (Appeals) were challenged in the writ petitions. The appellants are Co-operative Societies registered under the Kerala Co-operative Societies Act, 1969. Assessments of income tax made against the societies were challenged claiming deductions allowable under Section 80P of the Income Tax Act, 1961(hereinafter referred to as 'the IT Act'). The interim applications filed seeking stay against realisation of the tax assessed was considered by the Appellate Authority and interim stay were granted in all the cases by insisting W.A. Nos.1639/2019 & Connected cases -:13:- upon payment of 20% of the disputed amount, pending disposal of the appeals. When those orders were challenged in the writ petitions, the learned Single Judge found that the insistence for payment of 20% was made based on the directions issued by the Central Board of Direct Taxes(CBDT). It was found that there is sufficient consideration of merits and there is application of mind from the side of the Appellate Authority. Hence, by observing that no interference is warranted against the interim order in exercise of the power vested under Article 226 of the Constitution of India, the challenges were repelled. However, on the request of the appellants, instalment facility was granted by allowing payment of the amount insisted upon, in five equal monthly instalments. 3. In the writ appeals it is contended that, after finalisation of the assessments in all these cases, there occurred a change in the principle of law involved, with respect to the deductions permissible under Section 80P of the IT Act. It is pointed out that a Full Bench of this Court in The Mavilayi Service Co operative Bank v. Commissioner of Income Tax (2019(2) KLT 597(FB)) held that the W.A. Nos.1639/2019 & Connected cases -:14:- Division Bench judgment in Chirakkal Service Co operative Bank Ltd. v. Commissioner of Income Tax (2016(2) KLT 535) is no more good law, in view of the ruling of the Apex Court in Citizen Co-operative Society Ltd. v. Assistant Commissioner of Income Tax (2017(4)KLT Online 2013(SC)). It was held therein that, by the reason of sub-section (4) of Section 80P , the Assessing Officer has to conduct an enquiry into the factual situations as to the activities of the Assessee society and to arrive at a conclusion whether the benefits can be extended or not, in the light of the said provision. Therefore the Full Bench found that the law laid down by a Division Bench of this Court in Perinthalmanna Co operative Bank Ltd. v. Income Tax Officer and Another (2014(1) KLT Online 1117) has to be affirmed. 4. Contention raised is to the effect that, in view of reversal of the principle settled in Chirakkal Society's case (supra) the assessments completed against the appellants requires a re-look. Therefore it was contended that the insistence for payment of 20% of the disputed amount of tax, for granting stay pending disposal of the appeal, was W.A. Nos.1639/2019 & Connected cases -:15:- improper and becomes unreasonable. 5. On the contrary, learned standing counsel for Government of India (Taxes) contended that, in all these cases there are specific findings entered by the Assessing Authority that the major activities conducted by the Co-operative societies are in the nature of banking business and they have given majority of the loans which are not coming within the ambit and scope of the objective of the societies and such activities cannot be taken as one falling within the scope of a Primary Agricultural Credit Societies(PACS). Further, it is contended that there exists no legal grounds for this court to interfere with the interim orders passed by the Appellate Authority, which falls within the discretionary jurisdiction of such authorities. 6. As contended on behalf of the revenue, under normal circumstances, interference with respect to interim orders passed by statutory Appellate Authorities has to be restrained. Law remaining settled in this field is primarily that, the Appellate Authorities while considering the question of granting interim stay shall take into consideration of the prima facie merit in the appeals. This court as well as the W.A. Nos.1639/2019 & Connected cases -:16:- Apex Court has deprecated the practice of insisting upon part payments without prima facie consideration of the merits and without proper application of mind. Decisions are mainly to the extent that, those aspects should also reflect in such interim orders. However, an analysis on the basis of these settled principle need not to be ventured in the cases at hand, because the grounds of challenge is mainly on the basis of the subsequent Full Bench ruling. 7. We take note of the fact that this Division Bench had already remanded certain Income Tax Appeals, which were filed challenging the orders of the Income Tax Appellate Tribunal, on the very same subject, in view of the Full Bench decision in Mavilayi Society's case (supra). We had also occasion to consider a batch of writ appeals which were filed challenging identical judgments of the Single Bench in the matter of conditional orders passed by the first Appellate Authorities, in W .A. No.1529 of 2019 and connected cases, dated 1st July, 2019. In all these matters we have taken the view that, in view of the law remaining settled through the Full Bench decision, the factual aspects needs a re-look, based on the nature of activities of the appellant Co-operative W.A. Nos.1639/2019 & Connected cases -:17:- societies. However, contention of the learned standing counsel that the assessment orders, even though were finalised prior to the Full Bench decision, are in strict consonance with the principle contained therein assumes importance. This is a question which is for consideration of the Appellate Authority, probably upon calling for a report of the Assessing Authority, because there exists no power of remand vested with the Commissioner of Income Tax (Appeals). Taking note of such a situation, we are of the opinion that the ultimate finding with respect to the question of allowability of deductions under Section 80P is yet to be rendered by the Appellate Authority. Therefore a uniform insistence for payment of 20% of the amount, pending disposal of the appeals, cannot be held as justified. Further, we take note of the fact that all the appellants are registered Co-operative societies functioning with remarkable capital assets. Therefore it cannot be said that there will be any difficulty for realising the liabilities, if the ultimate decision goes against the appellants. Hence we are inclined to direct the Appellate Authority for an early disposal of the appeals and till then to grant an absolute stay without insisting upon W.A. Nos.1639/2019 & Connected cases -:18:- payment of any portion of any disputed amounts. Under the above mentioned circumstances, all the above appeals are hereby allowed. The impugned judgments of the Single Judge are hereby set aside. Ext-P4 interim order impugned in all these cases are modified to the extent of granting absolute stay with respect to realisation of the disputed amount of tax in the respective appeals, pending disposal of such appeals. The Commissioner of Income Tax (Appeals) is hereby directed to dispose of the appeals itself, at the earliest possible, after affording opportunity to the appellants. Sd/- C.K.ABDUL REHIM JUDGE Sd/- R. NARAYANA PISHARADI JUDGE DST //True copy// PA.To Judge "