THE THIROOR SERVICE CO-OPERATIVE BANK LTD NO 4140, V. THE COMMISSIONER OF INCOME TAX

WP(C)/199/2022

AI Insights

The case involves The Thiroor Service Co-operative Bank Ltd, a Primary Agricultural Credit Society, which contested the rejection of its claim for deduction under Section 80P of the Income Tax Act in the assessment orders issued by the Income Tax Department. The petitioner argued that the assessing officer did not properly consider a relevant Supreme Court judgment in Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others, which was delivered prior to the assessment orders. The appeals for the assessment years 2013-2014, 2014-2015, and 2015-2016 were pending before the Appellate Authority when the writ petition was filed.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 751602 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 05-01-2022
• 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; K S ANIL
• Keywords: Appeal; Assessment Order; 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 WEDNESDAY, THE 5TH DAY OF JANUARY 2022 / 15TH POUSHA, 1943 WP(C) NO. 199 OF 2022 PETITIONER: THE THIROOR SERVICE CO-OPERATIVE BANK LTD NO 4140, THIROOR, MULANKUNNATHUKAVU P.O., THRISSUR 680 581, REPRESENTED BY ITS SECRETARY. BY ADVS. P.C.SASIDHARAN K.S.ANIL 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/ 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 05.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 199 OF 2022 2 BECHU KURIAN THOMAS, J ======================= W.P.(C) No. 199 of 2022 ------------------------------- Dated this the 5 th day of January, 2022 JUDGMENT Petitioner is a Primary Agricultural Credit Society registered under the Kerala Co-operative Societies Act, 1969. Exts.P1, P8 & P15 orders of assessment were issued against the petitioner on 28.09.2021. In the aforesaid 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 order 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 properly considered by the assessing officer, though the assessment WP(C) NO. 199 OF 2022 3 order was rendered subsequent to the Supreme Court Judgment. 3. Since petitioner has already preferred appeals as Exts.P3, P10 and P17 for the assessment years 2013-2014, 2014-2015 & 2015-2016 respectively, 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 Exts.P3, P10 and P17 appeals, as expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner, pursuant to Exts.P1, P8 & P15 assessment orders. The writ petition is disposed of. Sd/- BECHU KURIAN THOMAS, JUDGE AMV/05/01/2022 WP(C) NO. 199 OF 2022 4 APPENDIX OF WP(C) 199/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER YEAR 2013-14 DATED 28/09/2021 ISSUED BY THE IST RESPONDENT. Exhibit P2 TRUE COPY OF DEMAND NOTICE FOR THE ASSESSMENT YEAR 2013-14 DATED 28/09/2021. Exhibit P3 TRUE COPY OF THE APPEAL FOR THE ASSESSMENT YEAR 2013-14 DATED 27/10/2021. Exhibit P4 TRUE COPY OF THE ACKNOWLEDGEMENT OF RECEIPT OF FORM EVIDENCING OF FILING APPEAL FOR THE ASSESSMENT YEAR 2013-14 DATED 27/10/2021. Exhibit P5 TRUE COPY OF THE STAY PETITION FOR THE ASSESSMENT YEAR 2013-14 DATED 15/11/2021. Exhibit P6 TRUE COPY OF THE ORDER FOR THE ASSESSMENT YEAR 2013-14 ISSUED BY THE 3RD RESPONDENT DATED 17/12/2021. Exhibit P7 TRUE COPY OF STAY PETITION FOR THE ASSESSMENT YEAR 2013-14 FILED BY THE PETITIONER DATED 24/12/2021 BEFORE THE 2ND RESPONDENT. Exhibit P8 TRUE COPY OF THE ASSESSMENT ORDER YEAR 2014-15 DATED 28/09/2021 ISSUED BY THE IST RESPONDENT. Exhibit P9 TRUE COPY OF DEMAND NOTICE FOR THE ASSESSMENT YEAR 2014-15 DATED 28/09/2021. Exhibit P10 TRUE COPY OF THE APPEAL FOR THE ASSESSMENT YEAR 2014-15 DATED 27.10.2021. Exhibit P11 TRUE COPY OF THE ACKNOWLEDGEMENT OF RECEIPT OF FORM EVIDENCING OF FILING APPEAL FOR THE ASSESSMENT YEAR 2014-15 DATED 27/10/2021. Exhibit P12 TRUE COPY OF THE STAY FOR THE ASSESSMENT YEAR 2014-15 PETITION DATED 15/11/2021. Exhibit P13 TRUE COPY OF THE ORDER FOR THE ASSESSMENT YEAR 2014-15 ISSUED BY THE 3RD RESPONDENT DATED 17/12/2021. Exhibit P14 TRUE COPY OF STAY PETITION FOR THE WP(C) NO. 199 OF 2022 5 ASSESSMENT YEAR 2014-15 FILED BY THE PETITIONER DATED 24/12/2021 BEFORE THE 2ND RESPONDENT. Exhibit P15 TRUE COPY OF THE ASSESSMENT ORDER YEAR 2015-16 DATED 28/09/2021 ISSUED BY THE IST RESPONDENT. Exhibit P16 TRUE COPY OF DEMAND NOTICE FOR THE ASSESSMENT YEAR 2015-16 DATED 28/09/2021. Exhibit P17 TRUE COPY OF THE APPEAL FOR THE ASSESSMENT YEAR 2015-16 DATED 27/10/2021. Exhibit P18 TRUE COPY OF THE ACKNOWLEDGEMENT OF RECEIPT FOR EVIDENCING OF FILING APPEAL FOR THE ASSESSMENT YEAR 2015-16 DATED 27/10/2021. Exhibit P19 TRUE COPY OF THE STAY FOR THE ASSESSMENT YEAR 2015-16 PETITION DATED 15/11/2021. Exhibit P20 TRUE COPY OF THE ORDER FOR THE ASSESSMENT YEAR 2015-16 ISSUED BY THE 3RD RESPONDENT DATED 17/12/2021. Exhibit P21 TRUE COPY OF STAY PETITION FOR THE ASSESSMENT YEAR 2015-16 FILED BY THE PETITIONER DATED 24/12/2021 BEFORE THE 2ND RESPONDENT. Exhibit P22 THE 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 "