2019 (8) TMI 19

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.... up and is being disposed of. 3. Owing to the nature of the trajectory which the hearing has taken today, the entire writ petition now turns on a very narrow compass. Therefore, it may not be necessary to set out facts in great detail. 4. Suffice to say that the writ petitioner is a Primary Agricultural Cooperative Credit Society, registered under 'Tamil Nadu Cooperative Societies Act, 1983' ['TNCS Act' for brevity] 5. The instant writ petition has been filed, assailing an order dated 24.12.2018 made by the lone official respondent and this order bears reference Order No:ITBA/AST/S/143(3)/2018- 19/1014536712(1). This order dated 24.12.2018 bearing reference 'Order No:ITBA/AST/S/143(3)/2018-19/1014536712(1)',....

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....redit Society dated 05.07.2016 made in Tax Case Appeal Nos.735, 755 of 2014 and 460 of 2015 [hereinafter 'Veerakeralam Primary Agricultural Co-operative Credit Society principle' for brevity]. 8. In the aforesaid cases, Hon'ble Division Bench addressed itself to the question as to whether Primary Agricultural Societies carrying on the business of providing credit facilities to its members are entitled to claim deductions under Section 80P of IT Act and the same was answered in the affirmative. 9. Reverting to the case on hand, a perusal of the impugned order reveals that it turns on three heads, the same as set out in the impugned order reads as follows: '(i) Deduction under chapter VIA (ii) Investmen....

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....Producers Cooperative Marketing Society principles. 12. This takes us to the alternate remedy aspect. Alternate remedy is available to the writ petitioner by way of an appeal under Section 246A of IT Act. 13. There is a time limit of 30 days prescribed for preferring an appeal under Section 246A of IT Act, which lies to Commissioner (Appeals). 14. At the request of writ petitioner, time that has been spent in the instant writ petition i.e., time from the date of filing of instant writ petition to the date on which this order is made available shall stand excluded for computing limitation for filing an appeal under Section 246A of IT Act. Even after such exclusion, if there is a delay, it is open to the writ petitioner to seek condo....

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....e aggrieved under Section 17 before the Tribunal and the appellate remedy under Section 18 before the Appellate Tribunal, the object and purpose of the legislation, it was observed that a writ petition ought not to be entertained in view of the alternate statutory remedy available holding: (SCC pp.123 & 128, Paras 43 & 55) "43. Unfortunately, the High Court overlooked the settled law that the High Court will ordinarily not entertain a petition under Article 226 of the Constitution if an effective remedy is available to the aggrieved person and that this Rule applies with greater rigour in matters involving recovery of taxes, cess, fees, other types of public money and the dues of banks and other financial institutions. In ....