Dated This The 11[Th] Day Of April, 2023 v. Since The Petitioner Has Already Availed The Statutoryremedy, This Writ Petition Is Disposed Of Directing The Appellate

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 11 DAY OF APRIL 2023 / 21ST CHAITHRA, 1945WP(C) NO. 12855 OF 2023 PETITIONER: PARIYARAM SERVICE CO OPERATIVE BANK LTDPARIYARAM P.O, THRISSUR, PIN - 680721REPRESENTED BY ITS SECRETARY SRI. DENNY M.V. BY ADVS.K.S.HARIHARAN NAIRRAJATH R NATHHARIMA HARIHARANG.REMADEVIMOHANA KUMAR B.DHEERAJ SASIDHARAN RESPONDENTS: 1THE INCOME TAX OFFICERWARD 2(4), RANGE-4, AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR, PIN – 680001 2ASSESSMENT UNITNEAC, MAYUR BHAWAN, CONNAUGHT LANE, NEW DELHI, PIN – 110001 3COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE, C-BLOCK, 4TH FLOOR, S.P.M CIVIC CENTRE, NEW DELHI, PIN – 110001 SRI. JOSE JOSEPH, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAVI, J. -------------------------------------------- -------------------------------------------- Dated this the 11[th] day of April, 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.P1 orderrejecting the claim for deduction made under Section 80P ofIncome Tax Act on the ground that there was no evidence to showthat the petitioner has satisfied the ingredients of the PrimaryAgricultural Credit Society as contemplated under the Kerala Co-operative Societies Act. Reliance is placed on the judgment of theHon’ble Supreme Court in Mavilayi Service Co-operative BankLtd. v. Commissioner of Income Tax; 2021 (1) KLT 485 tochallenge the assessment order. The petitioner has preferredExt.P2 appeal and the same is pending before the 3[rd] respondent. Since the petitioner has already availed the statutoryremedy, this writ petition is disposed of directing the Appellate Authority 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 till thedisposal of Ext.P2 appeal. Sd/- nak T.R.RAVIJUDGE APPENDIX OF WP(C) 12855/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 COPY OF ASSESSMENT ORDER DATED 20-08-2022ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2020-21 COPY OF APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 06-10-2022 AGAINST EXT.P1.COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 06-10-2022 IN EXT. P2 APPEAL