Dated This The 23[Rd] Day Of February, 2022 v. Commissioner Of Income Tax [2021(1) Klt 485] Was Not Considered By The Assessing Officerthough The Assessment Order Was Rendered Subsequent To Thesupreme Court

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 23 DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943 WP(C) NO. 6109 OF 2022 PETITIONER: CHITHARA SERVICE CO-OPERATIVE BANK LTD. NO. 2818SERVICE CO-OPERATIVE BANK BUILDING, MAIN ROAD, CHITHARAP O, KOLLAM-691559, REPRESENTED BY ITS SECRETARY SUBHA C. C.BY ADVS.K.P.PRADEEPHAREESH M.R.SANAND RAMAKRISHNANRASMI NAIR T.T.T.BIJUT.THASMIM.J.ANOOPA RESPONDENTS: 1THE CENTRAL BOARD OF DIRECT TAXESDEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI-110001, REPRESENTED BYITS CHAIRMAN.2THE ADDITIONAL COMMISSIONER OF INCOME TAXNATIONAL FACELESS ASSESSMENT CENTRE, DELHI, ROOM NO.401, 2ND FLOOR, E-RAMP, JAWAHARLAL NEHRU STADIUM, DELHI-110003.3NATIONAL FACELESS APPEAL CENTREDELHI, ROOM NO.401, 2ND FLOOR, E-RAMP, JAWAHARLAL NEHRUSTADIUM, DELHI-110003. OTHER PRESENT: ADV,CHRISTOPHER ABRAHAM-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON23.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BECHU KURIAN THOMAS, J .............................................… W.P.(C) NO. 6109 OF 2022 …........................................ Dated this the 23[rd] day of February, 2022 JUDGMENT Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Co-operative Societies Act, 1969.Ext.P1 order of assessment was issued against the petitioneron 17.03.2021. In the assessment order, petitioner's claim fordeduction under Section 80P was rejected on the ground thatthere was no evidence to show that petitioner satisfied theingredients of the Primary Agricultural Credit Society ascontemplated under the Kerala Co-operative Societies Act.2. While assailing the assessment order before the 3[rd]respondent, petitioner has sought to canvass that thejudgment of the Supreme Court in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax [2021(1) KLT 485] was not considered by the assessing officerthough the assessment order was rendered subsequent to theSupreme Court Judgment. 3. Since the petitioner has already preferred an appeal as Ext.P2 and the same is pending consideration before the 3[rd]respondent, I deem it fit that this writ petition be disposed ofdirecting the Appellate Authority to consider the appeal in atime bound manner. 4. Accordingly, there will be a direction to the 3[rd]respondent to consider and pass appropriate orders on Ext.P2,as expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shallbe initiated against the petitioner pursuant to Ext.P1assessment order. The writ petition is disposed of as above. Sd/- BECHU KURIAN THOMAS JUDGE APPENDIX OF WP(C) 6109/2022 PETITIONER’S EXHIBITS : Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER NO.ITBA/AST/S/143(3)/2020-21/1031560665 (1) DATED 17.03.2021 ISSUED FOR THE YEAR 2018-19 BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P2 TRUE COPY OF THE APPEAL DATED 16.02.2022 FILED FOR THE YEAR 2018-19 BEFORE THE 3RD RESPONDENT. Exhibit P3 TRUE COPY OF THE ASSESSMENT ORDER NO.ITBA/AST/S/156/2020-21/1031560750(1) DATED 17.03.2021 ISSUED FOR THE YEAR 2018-19 BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE STAY APPLICATION FILED ON 16.02.2022 BEFORE THE 3RD RESPONDENT IN EXT.P2 APPEAL. RESPONDENT’S EXHIBITS : NIL AJM //TRUE COPY// PA TO JUDGE