By Advs.harisankar v. Menonmeera V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 15 DAY OF JUNE 2022 / 25TH JYAISHTA, 1944 WP(C) NO. 19290 OF 2022 PETITIONER: THE KANHIKULAM SERVICE CO-OPERATIVE BANK LTD NO F-1086,KANJIKULAM P.O., PALAKKAD - 678 596, REPRESENTED BY ITSSECRETARY, AJITHKUMAR. BY ADVS.HARISANKAR V. MENONMEERA V.MENON RESPONDENTS: 1THE INCOME TAX OFFICER,WARD 1, AYAKAR BHAVAN, PALAKKAD - 678 014.2NATIONAL FACELESS APPEAL CENTRE, DELHI - 110 001, REPRESENTED BY THE COMMISSIONER OF INCOME TAX (APPEALS).3THE INCOME TAX APPELLATE TRIBUNAL,KENDRIYA BHAVAN, KAKKANADU, KOCHI - 682 030, REPRESENTED BY ITS REGISTRAR.BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON15.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T Petitioner is a Primary Agricultural Credit Society registered under the KeralaCo-operative Societies Act, 1969. Ext.P1 order of assessment was issued against thepetitioner. In the assessment order, petitioner's claim for deduction under Section80P was rejected on the ground that there was no evidence to show that petitionersatisfied the ingredients of the Primary Agricultural Credit Society as contemplatedunder the Kerala Co-operative Societies Act. 2. While assailing the assessment order before the 3[rd ]respondent,petitioner has sought to canvass that the judgment of the Supreme Court inMavilayi Service Co-operative Bank Ltd. v. Commissioner of IncomeTax; 2021 (1) KLT 485 now governs the field thereby rendering the assessmentitself as incorrect. 3.Since the petitioner has already preferred an appeal as Ext.P3 and thesame is pending consideration before the Income Tax Appellate Tribunal (3[rd]respondent), I deem it fit that this writ petition be disposed of directing theTribunal to consider the appeal in a time bound manner. 4.Accordingly, there will be a direction to the 3[rd] respondent to considerand pass appropriate orders on Ext.P3, as expeditiously as possible with a period of2 months from the date of receipt of a copy of a this judgment.. 5. Till the disposal of the appeal, no coercive steps shall be initiatedagainst the petitioner pursuant to Exts.P1. The writ petition is disposed of as above. Sd/-GOPINATH P. JUDGE APPENDIX OF WP(C) 19290/2022 PETITIONER EXHIBITS Exhibit P1COPY OF ORDER UNDER SECTION 154 FOR THE YEAR 2013-14 ISSUED BY THE 1ST RESPONDENT DATED 02-05-2017ISSUED BY THE 1ST RESPONDENT DATED 02-05-2017 Exhibit P2COPY OF ORDER UNDER SECTION 250 FOR THE YEAR 2013-14 ISSUED BY THE 2ND RESPONDENT DATED 08-10-2021ISSUED BY THE 2ND RESPONDENT DATED 08-10-2021 Exhibit P3COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RDRESPONDENT DATED 21-05-2022RESPONDENT DATED 21-05-2022 Exhibit P4COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 21-05-2022THE 3RD RESPONDENT DATED 21-05-2022