Credit Co-Qperative Lid v. Government Of

IN THR HIGH COURT OF KARNATAKA AT BBNGALURU| DATED THIS THE 5 DAY OF FEBRUARY, 2020 BEFORE THR HON’BLE MR. JUSTICE KRISHNA S.DIXIT. .WRIT PETITION NO. 2632 OF 2020 (TIT) BETWEEN: SHRI MALLIKARJUNA CREDIT CO-OPBRATIVE SOCIBTY LTD.SHIROOR, VANDARU,UDUPI TALUK AND DISTRICT 5/0223REPRESENTED BY ITS SKHCRETARYMR. NARASIMHA NAIK.. _.. PRHTITIONER (BY SRI. MAHESH R UPPIN,ADVOCATE)| AND: 1.COMMISSIONBR OF INCOME TAX|AAYAKAR BHAVAN,|C.R. BUILDING, N.G. ROAD,|ATTAVARA, MANGALURU 575 OO1.. 2.INCOME TAX OFFICER WARD -2, AAYAKAR BHAVAN,|ADI-UDUPI MALPE ROAD,UDUPI 5/6103. — RBSPONDENTS| (BY SRIL.JEEVAN J NEERALGI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 8&22/ OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE.ASSESSMENT ORDER DATED 16.11.2019 PASSED IN ORDER BY.THE R-2 MARKED AS ANNEKEXURE-A AND EIT THIS WRIT PETITION COMING ON FOR PRELIMINARY|HEARING IN B GROUP THIS DAY, THE COURT MADE THEKOLLOWING: ORDER Thesubjectmatter|oT|thisWrit.Petition beingsubstantially similar to the one treated in W.P.No.48414/2018 (T-IT) betweenM/S SWABHIMANI SOUHARDA CREDIT CO-QPERATIVE LID. 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 circumstanced litigantherein on the principle of parity, there being no repugnantfactors, disentitling him to an equal treatment. 2 |Learned Senior Panel Counsel having enteredappearance for the Revenue alter notice fairly submits that asyet, 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 emerging fromthe records is discovered to be untrue; the stand of the PanelCounsel is tair and reasonable. 3.|In the above judgment, this Court having held theentities registered under the provisions of Karnatakasouharda Sahakari Act, 1997, are also Co-operative Societies and therefore, they are entitled to seek benefit under Section SOP of the Income Tax Act, 1961. The operative portion of thejudgment reads as under: “In the above circumstances, these writ petitionssucceed; a declaration is made to the effect that theentities registered under the Karnataka Souhardasahakari Act, 1997 fit into the definition of “co-operative society” as enacted in sec.2(19) of theIncome Tax Act, 1961 and therefore subject to alljust exceptions, petitioners are entitled to staketheir claim for the benefit of sec.8OP of the said Act;a Writ of Certiorart issues quashing the impugnednoticedated30.03.2018|atAnnexure-bDIn|W.P.No.48414/ 2018;otherlegalCOMSECUETLICEaccordingly do follow. | It is needless to mention that the other'provisions of sec. SOP of 1961 Act and their effecton the claim of the petitioner-like-societies havebeen left to be addressed by the concernedauthorities. In the above circumstances, the Writ Petition is disposed off granting same relief as has been granted to thelitigant in the aforesaid judgment, of course reserving liberty to the Revenue for seeking revival of the Writ Petition, if version of the petitioner is discovered to be untrue. No costs. Sd/-JUDGE|