- 1 - HC-KAR NC: 2025:KHC:52402 WP No. 35493 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 35493 OF 2025 (T-IT) BETWEEN: BHASKARA EMPLOYEES CREDIT CO-OPERATIVE SOCIETY LIMITED REGISTERED UNDER SECTION 7 OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, U R RAO SATELITE CENTRE, OLD AIRPORT ROAD, VIMANAPURA POST, BANGALORE - 560 017. PAN: AAATB1577B. REPRESENTED BY ITS SECRETARY, RAVINDRAN EMBAR KANNAN, AGED 56 YEARS, S/O KANNAN E P, R/AT NO.99, SHRILAKSHMI, 5TH CROSS, SOUDHAMINI LAYOUT, KONANAKUNTE, BANGALORE - 560062. …PETITIONER (BY SRI. RAVI SHANKAR S V.,ADVOCATE) AND: 1. THE INCOME TAX OFFICER WARD 4(1)(1), BANGALORE - 560 095. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52402 WP No. 35493 of 2025 2. THE INCOME TAX OFFICER, WARD 4(2)(2), BANGALORE - 560 095. 3. THE DEPUTY DIRECTOR OF INCOME TAX, CPC, POST BAG NO.2, ELECTRONIC CITY POST OFFICE, BANGALORE - 560 095. …RESPONDENTS (BY SRI. E.I. SANMATHI, ADVOCATE FOR R1 AND R2; SRI. ARAVIND V. CHAVAN, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) ISSUE A WRIT OF CERTIORARI OR DIRECTION IN THE NATURE OF A WRIT OF CERTIORARI QUASHING THE ORDER PASSED U/S 143(3) OF THE ACT DATED 29/02/2016 PASSED BY THE RESPONDENT NO. 2 FOR THE ASSESSMENT YEAR 2013-14 HEREIN MARKED AS ANNEXURE - A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER 1. In this petition, the petitioner seeks the following reliefs; i) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the order passed U/s 143(3) of the Act dated 29/02/2016 passed by the - 3 - HC-KAR NC: 2025:KHC:52402 WP No. 35493 of 2025 Respondent No. 2 for the assessment year 2013-14 herein marked as Annexure A. ii) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the order passed U/s 143(3) of the Act dated 30/06/2016 by the Respondent No.2 for the assessment year 2014-15 herein marked as Annexure A1. iii) Issue a writ of Mandamus or direction in the nature of writ of mandamus directing the respondent to delete the demand raised for the AY 2013-14 and AY 2014-15 herein marked as Annexure - A and Annexure - A1. Iv) And pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and equity. 2. A perusal of the material on record will indicate that the petitioner having filed income tax returns on 18.09.2013 for the assessment year 2013-14, the respondent No.2 proceeded to pass the impugned assessment order dated 29.02.2016, aggrieved by which the petitioner is before this Court by way of the present petition. 3. The petitioner having filed income tax returns for the assessment years 2013-14 and 2014-15, the second - 4 - HC-KAR NC: 2025:KHC:52402 WP No. 35493 of 2025 respondent proceeded to pass the impugned assessment order dated 29.02.2016 and 30.06.2016 disallowing the deduction under Section 80P of the Income Tax Act, as sought for by the petitioner. 4. In this context, perusal of the interim assessment orders will indicate that though the petitioner had placed reliance upon the judgment of this Court in the case of Commissioner of Income Tax vs. Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha Bagalkot, [2015] 56 taxmann.com 280, respondent No.2 did not follow or apply the said judgment on the ground that the appeal / SLP filed by the Department was pending adjudication before the Apex Court as on the date of the impugned orders. However, subsequently vide Order dated 05.09.2018, the said SLP(C)…CC No.009958/2015 (Civil Appeal No.005103/2015) was dismissed by the Hon'ble Apex Court against the respondent-revenue. - 5 - HC-KAR NC: 2025:KHC:52402 WP No. 35493 of 2025 5. Under these circumstances, having regard to the aforesaid judgment of this Court which was confirmed by the Hon'ble Apex Court and coupled with the fact that respondent No.2 did not have the benefit of the order of the Hon'ble Apex Court as on the date of the impugned orders, I deemed it just and appropriate to set aside Annexures - A and A1 and remit the matter back to respondent No.2 for re-consideration afresh in accordance with law by issuing certain directions. 6. In the result, I pass the following; ORDER (i) The petition is hereby allowed. (ii) The impugned orders at Annexures - A and A1 dated 29.02.2016 and 30.06.2016 respectively are set aside. (iii) The matter is remitted back to respondent No.2 for re-consideration afresh in accordance with law, bearing in mind the judgment of the Division Bench of this Court in Commissioner of - 6 - HC-KAR NC: 2025:KHC:52402 WP No. 35493 of 2025 Income Tax vs. Sri Biluru Gurubasava Pattina Sahakari Sangha Niyamitha Bagalkot, [2015] 56 taxmann.com 280 as well as SLP(C)…CC No.009958/2015 (Civil Appeal No.005103/2015) (iv) Liberty is reserved in favour of the petitioner and respondents to produce additional judgments etc., before the second respondent who shall consider the same and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE GH List No.: 2 Sl No.: 39