Khambadakone Raithara Seva Sahakari Sangha Ltd. v. Commissioner of Income-tax (Appeals), Mangaluru / Income-tax Officer, Ward-2, Udupi - 2020-LL-0128-27

Citation	2020-LL-0128-27
Appellant Name	Khambadakone Raithara Seva Sahakari Sangha Ltd.
Respondent Name	Commissioner of Income-tax (Appeals), Mangaluru / Income-tax Officer, Ward-2, Udupi
Court	HIGH COURT OF KARNATAKA
Relevant Act	Income-tax
Date of Order	28/01/2020
Judgment	View Judgment
Keyword Tags	statutory appeal
Bot Summary:	RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ASSESSMENT ORDER DATED 20.11.2019 PASSED BY THE R-2 MARKED AS ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: 2 ORDER Petitioner, a society being an assessee, is invoking the writ jurisdiction of this court for assailing the assessment order dated 20.11.2019 passed by the 2nd respondent herein at Annexure-A, whereby the benefit otherwise available to it in terms of Section 80P of the Income Tax Act, 1961, has been denied. On request, the learned Senior Panel Counsel Sri.Jeevan J Neeralgi accepts notice for respondents and makes submission in justification of the impugned order; he also submits that since the petitioner admittedly has filed statutory appeal, he cannot pursue plural remedies. Having heard the learned counsel for the parties and having perused the Petition Papers, this court is of a considered opinion that the question as to availability of the benefit under section 80P of the Act in favour of societies of the kind having been answered in favour of the Assessee by a Division Bench of this court vide judgment dated 5.2.2014 in Income Tax Appeal No.5006/2013 between the Commissioner 3 of Income Tax Vs. Sri. In the above circumstances, the petitioner s subject appeal needs to be considered by the 1st respondent expeditiously and without insisting upon statutory pre- deposit. Writ Petition is disposed off, ordering accordingly Time for compliance is three months.

1 IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 28TH DAY OF JANUARY, 2020 BEFORE HON BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.1900 OF 2020 (T-IT) BETWEEN: KHAMBADAKONE RAITHARA SEVA SAHAKARI SANGHA LTD., UPPUNDA, KUNDAPURA, UDUPI DISTRICT 576 232. REPRESENTED BY ITS C.E.O. PETITIONER (BY SRI. MAHESH R UPPIN, ADVOCATE) AND: 1. COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, C R BUILDING, N G ROAD, ATTAVARA, MANGALURU 575 001. 2. INCOME TAX OFFICER, WARD -2, AAYAKAR BHAVAN, ADI-UDUPI MALPE ROAD, UDUPI 576 103. ... RESPONDENTS (BY SRI. JEEVAN J NEERALGI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH ASSESSMENT ORDER DATED 20.11.2019 PASSED BY R-2 MARKED AS ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, COURT MADE FOLLOWING: 2 ORDER Petitioner, society being assessee, is invoking writ jurisdiction of this court for assailing assessment order dated 20.11.2019 passed by 2nd respondent herein at Annexure-A, whereby benefit otherwise available to it in terms of Section 80P of Income Tax Act, 1961, has been denied. 2. On request, learned Senior Panel Counsel Sri.Jeevan J Neeralgi accepts notice for respondents and makes submission in justification of impugned order; he also submits that since petitioner admittedly has filed statutory appeal, he cannot pursue plural remedies. 3. Having heard learned counsel for parties and having perused Petition Papers, this court is of considered opinion that question as to availability of benefit under section 80P of Act in favour of societies of kind having been answered in favour of Assessee by Division Bench of this court vide judgment dated 5.2.2014 in Income Tax Appeal No.5006/2013 between Commissioner 3 of Income Tax Vs. Sri. Bilur Gurubasava Pattna Sahakara Sangha Niyamitha, Bagalkot. In above circumstances, petitioner s subject appeal needs to be considered by 1st respondent expeditiously and without insisting upon statutory pre- deposit. Writ Petition is disposed off, ordering accordingly Time for compliance is three months. No costs. Sd/- JUDGE cbc Khambadakone Raithara Seva Sahakari Sangha Ltd. v. Commissioner of Income-tax (Appeals), Mangaluru / Income-tax Officer, Ward-2, Udupi

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