The Muvattupuzha Agricultural ... vs The Income Tax Officer
2024 Latest Caselaw 12632 Ker

Kerala High Court

The Muvattupuzha Agricultural ... vs The Income Tax Officer on 21 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                          WP(C) NO. 17739 OF 2024
PETITIONER:

              THE MUVATTUPUZHA AGRICULTURAL CO-OPERATIVE BANK LTD
              NO.H.W. 935,MARKET P.O, VELLOORKUNNAM, MUVATTUPUZHA
              ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY,
              PIN - 686 673.

              BY ADV C.A.JOJO


RESPONDENTS:

     1        THE INCOME TAX OFFICER
              WARD 1 & TPS, THODUPUZHA, TEMPLE ROAD, THODUPUZHA,
              IDUKKI,, PIN - 685 584.

     2        INCOME TAX OFFICER (NFAC)
              NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK, NEW
              DELHI, PIN - 110 001.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17739 OF 2024

                             : 2 :



                          JUDGMENT

The petitioner, a Co-operative society has filed this

writ petition challenging Exts.P3 order under Section 148

A (d) and Ext.P4 notice Section 148, directing to the

petitioner to file Income Tax Returns for the AY 2020-

2021. According to the petitioner, the petitioner is

eligible for deduction under Section 80P(2)(a)(i) and

80P(2)(d) of the Income Tax Act and if the deduction

under Section 80 P of Income Tax Act is denied, the

petitioner will face huge financial liability.

2. Adv.Jose Joseph, the learned Standing Counsel

for the Income Tax Department submits that the period

to file Returns will expire only on 29.06.2024, and that,

if the petitioner files return of their income before the WP(C) NO. 17739 OF 2024

said period, the assessing authority will consider the

same in accordance with law.

Considering the submission made by the learned

Standing Counsel for the Income Tax Department, this

Writ Petition is disposed of, with direction to the

petitioner to file the return of their income before

29.06.2024. If the petitioner files their return of income

within the said period, the assessing authority shall

consider the same in accordance with law.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO. 17739 OF 2024

APPENDIX OF WP(C) 17739/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE U/S 148A(B) ISSUED BY THE 1ST RESPONDENT DATED 10.03.2024.

Exhibit P2 A TRUE COPY OF THE REPLY DATED 18.03.2024 SUBMITTED TO THE 1ST RESPONDENT.

Exhibit P3 A TRUE COPY OF THE ORDER U/S 148A(D) DATED 29.03.2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit P4 A TRUE COPY OF THE ORDER U/S 148 DATED 30.03.2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WP (C ) NO.15059 OF 2023 DATED 08.09.2023