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
|The Sasthana Service Co Operative Society Ltd. (Wrongly Shown As the Sasthana Service Co-Operative Bank Ltd.)
|Commissioner of Income-tax (Appeals), Mangaluru/Income-tax Officer, Ward 2, Udupi
|HIGH COURT OF KARNATAKA
|Date of Order
|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.