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TMI Blog2019 (8) TMI 300X X X X Extracts X X X X X X X X Extracts X X X X ..... isting upon payment of 20% of the disputed amount, pending disposal of the appeals - as contended that the insistence for payment of 20% of the disputed amount of tax, for granting stay pending disposal of the appeal, was improper and becomes unreasonable - Deductions allowable u/s 80P admissibility - HELD THAT:- Ultimate finding with respect to the question of allowability of deductions under Section 80P is yet to be rendered by the Appellate Authority. Therefore a uniform insistence for payment of 20% of the amount, pending disposal of the appeals, cannot be held as justified. Further, we take note of the fact that all the appellants are registered Co-operative societies functioning with remarkable capital assets. Therefore it cannot be s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disposed of through this common judgment. 2. Ext.P4 orders of the Commissioner of Income Tax (Appeals) were challenged in the writ petitions. The appellants are Co-operative Societies registered under the Kerala Co-operative Societies Act, 1969. Assessments of income tax made against the societies were challenged claiming deductions allowable under Section 80P of the Income Tax Act, 1961(hereinafter referred to as 'the IT Act'). The interim applications filed seeking stay against realisation of the tax assessed was considered by the Appellate Authority and interim stay were granted in all the cases by insisting upon payment of 20% of the disputed amount, pending disposal of the appeals. When those ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nquiry into the factual situations as to the activities of the Assessee society and to arrive at a conclusion whether the benefits can be extended or not, in the light of the said provision. Therefore the Full Bench found that the law laid down by a Division Bench of this Court in Perinthalmanna Co operative Bank Ltd. v. Income Tax Officer and Another (2014(1) KLT Online 1117) has to be affirmed. 4. Contention raised is to the effect that, in view of reversal of the principle settled in Chirakkal Society's case (supra) the assessments completed against the appellants requires a re-look. Therefore it was contended that the insistence for payment of 20% of the disputed amount of tax, for granting stay pending disposal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, an analysis on the basis of these settled principle need not to be ventured in the cases at hand, because the grounds of challenge is mainly on the basis of the subsequent Full Bench ruling. 7. We take note of the fact that this Division Bench had already remanded certain Income Tax Appeals, which were filed challenging the orders of the Income Tax Appellate Tribunal, on the very same subject, in view of the Full Bench decision in Mavilayi Society 's case (supra). We had also occasion to consider a batch of writ appeals which were filed challenging identical judgments of the Single Bench in the matter of conditional orders passed by the first Appellate Authorities, in W.A. No.1529 of 2019 and connected cases, dated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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