The Sasthana Service Co Operative Society Ltd. (Wrongly Shown As the Sasthana Service Co-Operative Bank Ltd.) v. Commissioner of Income-tax (Appeals), Mangaluru/Income-tax Officer, Ward 2, Udupi
[Citation -2020-LL-0225-50]

Citation 2020-LL-0225-50
Appellant Name The Sasthana Service Co Operative Society Ltd. (Wrongly Shown As the Sasthana Service Co-Operative Bank 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 25/02/2020
Judgment View Judgment
Keyword Tags statutory appeal
Bot Summary: 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 05.02.2014 in Income Tax Appeal No.5006/2013 between the Commissioner of Income Tax Vs. Sri. 3 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.


IN HIGH COURT OF KARNATAKA, BENGALURU DATED THIS 25TH DAY OF FEBRUARY, 2020 BEFORE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 4324 OF 2020 (T-IT) BETWEEN: SASTHANA SERVICE CO OPERATIVE SOCIETY LTD., (WRONGLY SHOWN AS SASTHANA SERVICE CO-OPERATIVE BANK LTD.,) N.H.66, SASTHANA POST, UDUPI TALUK AND DISTRICT - 576226. REP BY ITS CHIEF EXECUTIVE OFFICER MR VIJAYA POOJARY. PETITIONER (BY SRI. MAHESH R UPPIN, ADVOCATE) AND: 1. COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN C.R.BUILDING, N.G.ROAD, ATTAVARA, MANGALURU - 575001 2. INCOME TAX OFFICER, WARD 2, AAYAKAR BHAVAN, AADI UDUPI MALPE ROAD, UDUPI - 576103. RESPONDENTS (BY SRI. JEEVAN J NEERALGI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH ASSESSMENT ORDER DATED 22.11.2019 PASSED IN ORDER PASSED BY R-2 MARKED AS ANNEXURE-A AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, COURT MADE FOLLOWING:- 2 ORDER Petitioner, society being Assessee, is invoking writ jurisdiction of this court for assailing assessment order dated 22.11.2019 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 05.02.2014 in Income Tax Appeal No.5006/2013 between Commissioner of Income Tax Vs. Sri. Bilur Gurubasava Pattna Sahakara Sangha Niyamitha, Bagalkot. 3 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 Bsv Sasthana Service Co Operative Society Ltd. (Wrongly Shown As Sasthana Service Co-Operative Bank Ltd.) v. Commissioner of Income-tax (Appeals), Mangaluru/Income-tax Officer, Ward 2, Udupi
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