The Edarikode Service Co-Operative Bank Limited v. The CIT (A), Kozhikode / The ITO, Ward-3, Tirur
[Citation -2020-LL-0309-36]

Citation 2020-LL-0309-36
Appellant Name The Edarikode Service Co-Operative Bank Limited
Respondent Name The CIT (A), Kozhikode / The ITO, Ward-3, Tirur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 09/03/2020
Assessment Year 2015-16, 2016-17
Judgment View Judgment
Keyword Tags primary agricultural credit society • rectification application • co-operative bank • interim stay • prima facie • denial of benefit
Bot Summary: No.7002 OF 2020(A) 2 JUDGMENT The petitioner, Primary Agricultural Credit Society, has approached this Court under Article 226 of the Constitution of India for issuance of directions to the Commissioner of Income for consideration of rectification application dated 26th of February 2020 preferred against the common order dated 27th January 2020, received on 22 nd February 2020 within a reasonable period and further seeking interim stay of the order dated 3rd March 2020, Exts.P7 and P8 rising the demand of outstanding dues. The learned counsel for the petitioner submits that the petitioner is not a Co-operative Bank and cannot be excluded from the exemption as enshrined under Section 80P. The reasoning assigned by the Commissioner of Income Tax is suffering from an error apparent on record and by noticing those errors, rectification application supported by various judgments is stated to be pending and prays for issuance of an appropriate direction. No.7002 OF 2020(A) 3 out any case of error apparent on record that it is only just reference to the judgments in the order of the Commissioner of Income Tax. The petitioner failed to place on record any books of account to disbelieve such findings. The remedy is to prefer an appeal before the Income Tax Appellate Tribunal and prays for dismissal of the writ petition. No.7002 OF 2020(A) 4 rectification application, Ext.P6 dated 26th of February 2020 as expeditiously as possible within a period of 45 days from the date of receipt of a copy of this judgment. Any observations hereinabove would not be construed as an expression of opinion on the merit, in case the petitioner chose to file an appeal.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, 09TH DAY OF MARCH 2020 19TH PHALGUNA, 1941 WP(C).No.7002 OF 2020(A) PETITIONER/S: EDARIKODE SERVICE CO-OPERATIVE BANK LIMITED NO.10739, EDARIKODE P.O., MALAPPURAM, PIN-676 501, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENT/S: 1 COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, KOZHIKODE-673 001. 2 INCOME TAX OFFICER, WARD 3, TIRUR, MALAPPURAM DISTRICT, PIN-676 001. OTHER PRESENT: SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.7002 OF 2020(A) 2 JUDGMENT petitioner, Primary Agricultural Credit Society, has approached this Court under Article 226 of Constitution of India for issuance of directions to Commissioner of Income (Appeals) for consideration of rectification application dated 26th of February 2020 preferred against common order dated 27th January 2020, received on 22 nd February 2020 within reasonable period and further seeking interim stay of order dated 3rd March 2020, Exts.P7 and P8 rising demand of outstanding dues. 2. learned counsel for petitioner submits that petitioner is not Co-operative Bank and cannot be excluded from exemption as enshrined under Section 80P. reasoning assigned by Commissioner of Income Tax is suffering from error apparent on record and by noticing those errors, rectification application supported by various judgments is stated to be pending and prays for issuance of appropriate direction. 3. learned counsel for respondent points out that contents of rectification application do not make WP(C).No.7002 OF 2020(A) 3 out any case of error apparent on record that it is only just reference to judgments in order of Commissioner of Income Tax. While deciding appeal preferred against assessment orders, both authorities found out advancement of credit for two assessment years to extent of 2.4 % and 1.7%. petitioner failed to place on record any books of account to disbelieve such findings. remedy is to prefer appeal before Income Tax Appellate Tribunal and prays for dismissal of writ petition. 4. I have heard learned counsel for parties and apprised paper book, I would be refraining myself from commenting, regarding merit or demerit of rectification application, prima facie this Court is of view that hardly any cases of rectification as orders sought to be recalled on basis of error apparent on record based upon appreciation of evidence and accounts noticing disbursement of amount to be 100% percentage as referred to above. Be that as it may, without commenting upon any merit of matter and may not prejudice to rights, I dispose of writ petition with direction to Commissioner of Income Tax (Appeals) to decide WP(C).No.7002 OF 2020(A) 4 rectification application, Ext.P6 dated 26th of February 2020 as expeditiously as possible within period of 45 days from date of receipt of copy of this judgment. writ petition stands disposed of. Any observations hereinabove would not be construed as expression of opinion on merit, in case petitioner chose to file appeal. Sd/- AMIT RAWAL sab JUDGE WP(C).No.7002 OF 2020(A) 5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER DATED 27.12.2017 ISSUED BY 2ND RESPONDENT FOR PERIOD 2015-16. EXHIBIT P2 COPY OF ASSESSMENT ORDER DATED 28.12.2018 ISSUED BY 2ND RESPONDENT FOR PERIOD 2016-17. EXHIBIT P3 COPY OF APPEAL FILED BY PETITIONER BEFORE 1ST RESPONDENT FOR PERIOD 2015-16 DATED 28.01.2018. EXHIBIT P4 COPY OF APPEAL FILED BY PETITIONER BEFORE 1ST RESPONDENT FOR PERIOD 2016-17 DATED 26.01.2019. EXHIBIT P5 COPY OF COMMON ORDER DATED 27.01.2020 ISSUED BY 1ST RESPONDENT. EXHIBIT P6 COPY OF RECTIFICATION APPLICATION FILED BY PETITIONER BEFORE 1ST RESPONDENT DATED 26.02.2020. EXHIBIT P7 COPY OF ORDER DATED 03.03.2020 ISSUED BY 2ND RESPONDENT FOR PERIOD 2015-16. EXHIBIT P8 COPY OF ORDER DATED 03.03.2020 ISSUED BY 2ND RESPONDENT FOR PERIOD 2016-17. Edarikode Service Co-Operative Bank Limited v. CIT (A), Kozhikode / ITO, Ward-3, Tirur
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