2013 (5) TMI 978 - HC - Income Tax

Summary

Issues involved: Petitioner seeking direction for disposal of appeal u/s 80P(2)(a)(i) by second respondent.

Issue 1: Exemption under section 80P(2)(a)(i) rejected by assessing authority despite order by Income Tax Appellate Tribunal.

The petitioner, a cooperative credit society, sought direction for the disposal of an appeal filed on 30.01.2013, Annexure-E, in line with the order passed by the Income Tax Appellate Tribunal in ITA No.1455/Bang/2012 dated 15.02.2013, Annexure-F. The contention raised by Sri. Mahesh Uppin was that the exemption available to the petitioner under section 80P(2)(a)(i) had been rejected by the assessing authority, despite there being a binding order from the Income Tax Appellate Tribunal. An appeal was filed, but the second respondent had not disposed of it, prompting the petitioner to seek a direction for its disposal within a specified time frame.

Decision:
Sri.K.V.Aravind, representing the respondents, acknowledged that with sufficient time, the appeal could be disposed of on merits. Consequently, a direction was issued to the second respondent to dispose of the appeal (Annexure-E) within a maximum period of six weeks from the date of receiving a certified copy of the order. It was noted that all contentions of the parties were left open, and no view was expressed on the merits of the case.