Credit Co-Operative Ltd v. Government Of

IN THE HIGH COURT OF KARNATAKA, BENGALURUDATED THIS THER DAY OF FEBRUARY, 2020. BBREFOR THR HON'BLE MR. JUSTICE KRISHNA S.DIXIT| ;WRIT PETITION NO. 2894 OF 2020 (TIT) BRTWEEN: SIDDAPURA VYAVASAYA SEVA|SAHAKARI SANGHA NIYAMITHA)SsIDDAPURA KUNDAPURA TALUK,UDUPI DISTRICT-576229.REPRESHNITED BY ITS C.K.OMR RAMESH GANIGA. ... PETITIONE (BY SRI. MAHESH R UPPIN, ADVOCATE) AND: 1,COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAVAN,C R BUILDING, N G ROAD,ATTAVARA,MANGALURU-575001.AAYAKAR BHAVAN,C R BUILDING, N G ROAD,ATTAVARA,MANGALURU-575001. 2 INCOME TAX OFFICER,|WARD-2, AAYAKAR BHAVAN,ADI-UDUPI MALPE ROAD,UDUPI-576103.WARD-2, AAYAKAR BHAVAN,ADI-UDUPI MALPE ROAD,UDUPI-576103. — RESPONDENTS (BY SRI. JEEVAN J NEERALGI, ADVOCATE) THIS WRIT PRTITION IS FILED UNDER ARTICLES 226)AND 227 OF THR CONSTITUTION OF INDIA PRAYING TO.OQUASHTHRE ASSKSSMENTORDER DATBRD 06.12.2019PASSEHKD BY THR R-3 MARKBD AS ANNX-A THISPRTITION|COMINGON|FORPRELIMINARY|HEARINGTHIS DAY, THE COURT MADE THE FOLLOWING:- oD ORDER The subject matter of this Writ Petition being’substantially similar to the one treated in W.P.No.48414/2018 (T-IT) between.M/S SWABHIMANI SOUHARDA CREDIT CO-OPERATIVE LTD. VS. GOVERNMENT OF| INDIA AND OTHERS, disposed off vide judgment dated16.01.2020, counsel for the petitioner submits, same reliefneeds to be extended to the similarly circumstancedlitigant herein on the principle of parity, there being norepugnant factors, disentitling him to an equal treatment. 2 |Learned Senior Panel Counsel on _ requeshaving accepted notice for the Revenue tairly submits thatas yet, the said judgment is not put in challenge or review;however, he seeks liberty to the respondents to seekrestoration of this Writ Petition for consideration on merits,by filing a Memo if the version of the petitioner emergingfrom the records 1s discovered to be untrue; the stand ofthe Panel Counsel is fair and reasonable. 3.|In the above judgment, this Court having held)the entities registered under the provisions of Karnatakasouharda Sahakari Act, 1997, are also Co-operativesocieties and therefore, they are entitled to seek benefit under Section 8O0P of the Income Tax Act, 1961. The operative portion of the judgment reads as under: “In the above circumstances, these writpetitions succeed; a declaration is made to theeffect that the entities registered under the|Karnataka Souharda Sahakari Act, 1997 fit intothe definition of “co-operative society” as enacted|in sec.2(19) of the Income Tax Act, 1961 and|therefore|subjectTo.alljustexceptions,petitioners are entitled to stake their claim forthe benefit of sec.SOP of the said Act; a Writ of|Certiorart issues quashing the impugned notice|dated30.03.9018|atAnnexure-DIn|W.P.No.48414/2018; other legal consequencesaccordingly do follow. It 1s needless to mention that the otherprovisions of sec. SOP of 1961 Act and theireffect on the claim of the petitioner-like-societies|have been left to be addressed by the concerned|authorities. In the above circumstances, the Writ Petition is disposed off granting same relief as has been granted tothe litigant in the aforesaid judgment, of course reservingliberty to the Revenue for seeking revival of the WritPetition, if version of the petitioner is discovered to beuntrue. No costs. BsvV Sd/-| JUDGE