Court In Mavilayi Service Cooperative Bank Ltd v. Commissioner Of Income Tax; 2021 (1) Klt 485 To Submitthat The Assessment Itself Is Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 30 DAY OF JANUARY 2023 / 10TH MAGHA, 1944 WP(C) NO. 2937 OF 2023 PETITIONER: THE CHENDAMAGALAM SERVICE CO-OPERATIVE BANK LTD. NO.132REPRESENTED BY ITS SECRETARY IN CHARGE,CHENDAMAGALAM P.O, ERNAKULAM DISTRICT, PIN – 683 521 BY ADVS.M.M.MONAYEM.PAUL VARGHESEK.V.SANOSHANJANA SUGUNAN RESPONDENTS: 1ASSESSING OFFICER/INCOME TAX OFFICER, ASSESSING UNIT INCOME TAX DEPARTMENTNATIONAL E-ASSESSMENT CENTRE,INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, ROOM NO.401, 2ND FLOOR, E-RAMP, JAWAHARLAL STADIUM, DELHI , PIN – 110 003 2THE COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE (NFAC) INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, JAWAHARLAL STADIUM, DELHI , PIN – 110 003 3PRINCIPAL COMMISSIONAR OF INCOME TAX, KERALA, C.R. BUILDING, I.S. PRESS ROAD, KOCHI, PIN – 682 0184THE INCOME TAX OFFICERWARD - 2, TPS, KAP COMMERCIAL COMPLEX , O/O ADDITIONAL COMMISSIONER OF INCOME TAX ALUVA RANGE, R.S. ROAD, ALUVA, PIN – 683 101 SRI. JOSE JOSEPH, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON30.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAVI, J. ---------------------------------------- WP (C) No.2937 of 2023 ------------------------------------------- Dated this the 30[th] day of January, 2023 JUDGMENT Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Cooperative Societies Act, 1969. Ext.P1 order of assessment was issued against the petitioner.In the assessment order, petitioner's claim for deduction under Section 80P was rejected on the ground that there was noevidence to show that the petitioner satisfied the ingredients ofthe Primary Agricultural Credit Society as contemplated underthe Kerala Co-operative Societies Act. 2. While assailing the assessment order before the 2[nd] respondent, petitioner relied on the judgment of the Supreme Court in Mavilayi Service Cooperative Bank Ltd. v. Commissioner of Income Tax; 2021 (1) KLT 485 to submitthat the assessment itself is incorrect. 3. Since the petitioner has already preferred an appeal as Ext.P3 along with the application to condone the delay in flngthe appeal and the same is pending consideration before the 2[nd] respondent, I deem it fit that this writ petition be disposedof directing the 2[nd] respondent to consider the appeal in a timebound manner. 4. Accordingly, there will be a direction to the 2[nd]respondent to consider and pass appropriate orders on Ext.P3,as expeditiously as possible within a period of 2 months fromthe date of receipt of a copy of this judgment. 5. Till the disposal of the appeal, no coercive steps shallbe initiated against the petitioner pursuant to Ext.P1. It is made clear that the appellate authority needs to consider the appeal on merits only if he decides to condone thedelay in flng the appeal. Sd/- T.R.RAVI sn JUDGE APPENDIX OF WP(C) 2937/2023 PETITIONER'S EXHIBITS Exhibit P1TRUE COPY OF THE ASSESSMENT ORDER DATED 19.09.2022 FOR THE AY 2020-2119.09.2022 FOR THE AY 2020-21 Exhibit P2TRUE COPY OF THE DEMAND NOTICE DATED 19.09.202219.09.2022 Exhibit P3TRUE COPY OF THE MEMORANDUM OF APPEAL IN FORM35 DATED 28.11.2022.35 DATED 28.11.2022. Exhibit P4TRUE COPY OF THE THE ACKNOWLEDGMENT RECEIPT DATED 28.11.2022..DATED 28.11.2022.. Exhibit P5TRUE COPY OF THE PETITION FOR STAY DATED 28.11.2022, FILED BY THE PETITIONER.28.11.2022, FILED BY THE PETITIONER. Exhibit P6TRUE COPY OF THE THE E PROCEEDINGS RESPONSE ACKNOWLEDGMENT NUMBERED AS 827075311301122ACKNOWLEDGMENT NUMBERED AS 827075311301122 Exhibit P7TRUE COPY OF THE JUDGMENT IN WPC 41580 OF 2022 DATED 21.12.20222022 DATED 21.12.2022 RESPONDENT'S EXHIBITS : NIL //TRUE COPY// PA TO JUDGE