By Advs.harisankar v. Menonharisankar V. Menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 6 DAY OF FEBRUARY 2023 / 17TH MAGHA, 1944 WP(C) NO. 3800 OF 2023 PETITIONER: 1M/S. AKATHETHARA SERVICE CO-OPERATIVE BANK LTD. F-1514, AKATHETHARA POST, PALAKKAD, PIN - 678008PALAKKAD, PIN - 678008 REPRESENTED BY ITS SECRETARY, SUBHA VARMA P. BY ADVS.HARISANKAR V. MENONHARISANKAR V. MENON MEERA V.MENON R.SREEJITH K.KRISHNA RESPONDENTS: 1THE ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOMETAX/INCOME TAX OFFICERTAX/INCOME TAX OFFICER NATIONAL FACELESS ASSESSMENT CENTRE DELHI, PIN - 678008 2NATIONAL FACELESS APPEAL CENTRE, DELHI, PIN - 110001DELHI, PIN - 110001 REPRESENTED BY THE COMMISSIONER OF INCOME TAX (APPEALS) SRI. JOSE JOSEPH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAVI, J. ------------------------------------ W.P.(C.) No.3800 of 2023------------------------------------ Dated this the 06[th] day of February, 2023JUDGMENT Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Co-operative SocietiesAct, 1969. Ext.P1 order of assessment was issuedagainst the petitioner. In the assessment order,petitioner's claim for deduction under Section 80Pwas rejected on the ground that there was noevidence to show that the petitioner satisfied theingredients of the Primary Agricultural Credit Societyas contemplated under the Kerala Co-operativeSocieties Act. 2. While assailing the assessment order beforethe 2[nd] respondent, petitioner relied on the judgmentof the Supreme Court in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of IncomeTax; 2021 (1) KLT 485 to submit that the assessment itself is incorrect. 3. Since the petitioner has already preferred an appeal as Ext.P2 and the same is pendingconsideration before the 2[nd] respondent, I deem it fitthat this writ petition be disposed of directing the 2[nd]respondent to consider the appeal in a time boundmanner. 4. Accordingly, there will be a direction to the2[nd] respondent to consider and pass appropriateorders on Ext.P2, as expeditiously as possible withina period of 2 months from the date of receipt of acopy of this judgment. 5. Till the disposal of the appeal, no coercivesteps shall be initiated against the petitionerpursuant to Ext.P1. Sd/- T.R.RAVI JUDGE APPENDIX OF WP(C) 3800/2023 PETITIONER’S EXHIBITS:EXHIBIT P1COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2021-22 DTD. 12-12-2022EXHIBIT P2COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 11-01-2023EXHIBIT P3COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 11-01-2023 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A. TO JUDGE