By Advs.harisankar v. Menonmeera V.menonr.sreejithk.krishna

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 14 DAY OF FEBRUARY 2023 / 25TH MAGHA, 1944 WP(C) NO. 4825 OF 2023 PETITIONER: THE SREEKRISHNAPURAM SERVICE CO-OPERATIVE BANK LTD.F 1213, SREEKRISHNAPURAM P.O., PALAKKAD- 679513, REPRESENTED BY ITS SECRETARY, ULLASKUMAR.C. BY ADVS.HARISANKAR V. MENONMEERA V.MENONR.SREEJITHK.KRISHNA RESPONDENTS: 1THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF INCOME TAX/INCOME TAX OFFICERNATIONAL E-ASSESSMENT CENTRE, DELHI – 110001. 2NATIONAL FACELESS APPEAL CENTRE, DELHI - 110001, REPRESENTED BY THE COMMISSIONER OF INCOME TAX (APPEALS). SRI. JOSE JOSEPH, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON14.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAVI, J. -------------------------------------------- W.P.(C) No.4825 of 2023 -------------------------------------------- Dated this the 14[th ]day of February, 2023 JUDGMENT The petitioner is a Primary Agricultural Credit Co-operativeSociety registered under the Kerala Co-operative Societies Act,1969. The petitioner has been assessed for tax as per Ext.P1order rejecting the claim for deduction made under Section 80Pof Income Tax Act on the ground that there was no evidence toshow that the petitioner has satisfied the ingredients of thePrimary Agricultural Credit Society as contemplated under theKerala Co-operative Societies Act. Reliance is placed on thejudgment of the Hon’ble Supreme Court in Mavilayi ServiceCo-operative Bank Ltd. v. Commissioner of Income Tax;2021 (1) KLT 485 to challenge the assessment order. Thepetitioner has preferred Ext.P2 appeal and the same is pendingbefore the 2[nd] respondent. Since the petitioner has already availed the statutory WP(C) NO. 4825 OF 2023 remedy, this writ petition is disposed of directing the AppellateAuthority to consider the appeal and pass orders on the same atthe earliest. The respondents shall not take any coercive stepsagainst the petitioner pursuant to Ext.P1 assessment order tillthe disposal of Ext.P2 appeal. Sd/- mpm T.R.RAVIJUDGE APPENDIX OF WP(C) 4825/2023 PETITIONER’S EXHIBITS Exhibit P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2021-22 DTD. 20-12-2022. Exhibit P2COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 19-01-2023. Exhibit P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 19-01-2023.