Kerala High Court
The Principal Commissioner Of Income ... vs M/S.The Pazhavangdikkara Service ... on 2 August, 2024
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
ITA NO. 11 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 09.07.2018 IN ITA NO.200
OF 2018 OF I.T.A.TRIBUNAL,COCHIN BENCH
APPELLANT/RESPONDENT
THE PRINCIPAL COMMISSIONER OF INCOME TAX
KOTTAYAM.
BY ADVS.
SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES)
SRI.JOSE JOSEPH, SC, FOR INCOME TAX
RESPONDENT/APPELLANT/ASSESSEE
M/S.THE PAZHAVANGDIKKARA SERVICE CO-OPERATIVE
BANK LTD
RANNI,PATHANAMTHITTA-689673.
BY ADVS.
SRI.ANIL D. NAIR
SRI.R.SREEJITH
SRI.ACHYUT K PADMARAJ
SHRI.GOKULRAJ L.
SMT. ARYA ANIL
THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON
02.08.2024, ALONG WITH ITA.15/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
ITA Nos.11 and 15 of 2019 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
ITA NO. 15 OF 2019
AGAINST THE ORDER/JUDGMENT DATED IN ITA NO.201 OF 2018 OF
I.T.A.TRIBUNAL,COCHIN BENCH
APPELLANT/RESPONDENT/RESPONDENT
THE PRINCIPAL COMMISSIONER OF INCOME TAX
KOTTAYAM.
BY ADVS.
SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES)
SRI.JOSE JOSEPH, SC, FOR INCOME TAX
RESPONDENT/S:
THE PAZHAVANGADIKKARA SERVICE CO-OPERATIVE BANK
LTD. , PAZHAVANGADIKKARA P.O,
RANNI,PATHANAMTHITTA-689673.
BY ADVS.
SRI.ANIL D. NAIR
SRI.SREEJITH R.NAIR
SRI.ACHYUT K PADMARAJ
SHRI.GOKULRAJ L.
SMT. ARYA ANIL
THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON
02.08.2024, ALONG WITH ITA.11/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
ITA Nos.11 and 15 of 2019 3
JUDGMENT
============
Dr. A.K.Jayasankaran Nambiar, J.
The issue involved in these I.T.Appeals pertains to the
entitlement of the respondent-assessee to the benefit of the
deduction under Section 80P of the Income Tax Act ('the Act'
for short).
2. The learned Standing Counsel for the Income Tax
Department, Sri.Jose Joseph, brings to our notice a decision of
this Court dated 14.03.2023 in I.T.Appeal No.120 of 2019,
where it is held that in view of the express provision of Section
80A(5) of the Act, a claim for deduction under Section 80P of
the Act can be made by an assessee only in a return filed
within the time prescribed for filing such returns under
Sections 139(1), 139(4), 142(1) or Section 186 of the Act. In
as much as in the instant case, the assessee had not filed any
valid return, as per the statutory provisions aforementioned
within the time permitted by the statute, we find that their
claim for deduction under Section 80P of the Act, should not
have been allowed as was done by the Appellate Tribunal in
the orders impugned in these appeals.
Accordingly, following our own earlier judgment in
I.T.Appeal No.120 of 2019, we allow the I.T. Appeals by setting
aside the impugned order of the Tribunal and answering the
questions of law raised therein in favour of the revenue and
against the assessee.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
smm
PETITIONER ANNEXURES
ANNEXURE A ASSESSMENT ORDER U/S 143(3)DTD.27-12-
2016.
ANNEXURE B CIT (A)'S ORDER NO.ITA
T.38/CIT(A)/KTM/2016-17 DATED 26-02-
2018.
ANNEXURE C ITAT'S ORDER IN ITA.NO.200/C0CH/2018
DATED 09/07/2018.
PETITIONER ANNEXURES
ANNEXURE A ASSESSMENT ORDER U/S
143(3)DTD.29/03/2016 DATED 30.01.2014.
ANNEXURE B CIT (A)'S ORDER NO.ITA
T.13/CIT(A)/KTM/2016-17 DATED
26.02.2018.
ANNEXURE C ITAT'S ORDER IN ITA.NO.201/COCH/2018
DATED 09/07/2018.
