Dated This The 3[Rd] Day Of February, 2023 v. Since The Petitioner Has Already Availed A Statutory Remedy,This Writ Petition Is Disposed Of Directing The Appellate Authority Toconsider The Appeal And Pass O

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 3 DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944 WP(C) NO. 3696 OF 2023 PETITIONER: THE PERINTHALMANNA CO-OPERATIVE AGRIOULTURAL & RURAL DEVELOPMENT BANK LTD. NO.P505 PERINTHALMANNA, MALAPPURAM, PIN – 679322 REPRESENTED BY ITS SECRETARY.BY ADVS.V.KRISHNA MENONE.K.MADHAVANP.VIJAYAMMAJ.SURYAPRINSUN PHILIP RESPONDENTS: 1THE INCOME TAX OFFICERWARD (2), TIRUR, PIN - 6760012THE COMMISSIONER OF INCOME-TAX (APPEALS)AAYAKAR BHAVAN, KOZHIKODE, PIN - 673001SRI. JOSE JOSEPH, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAVI, J. -------------------------------------------- W. P. (C). No.3696 of 2023 --------------------------------------------Dated this the 3[rd] day of February, 2023 JUDGMENT The petitioner is a Co-operative Society registered under theKerala Co-operative Societies Act, 1969. The petitioner has beenassessed for tax as per Ext.P1 order rejecting the claim fordeduction made under Section 80P of Income Tax Act on the groundthat there was no evidence to show that the petitioner has satisfiedthe ingredients of the Primary Agricultural Credit Society ascontemplated under the Kerala Co-operative Societies Act. Relianceis placed on the judgment of the Hon’ble Supreme Court in MavilayiService Co-operative Bank Ltd. v. Commissioner of IncomeTax reported in (2021 (1) KLT 485) to challenge the assessmentorder. The petitioner has preferred Ext.P2 appeal and the same ispending before the 2[nd] respondent. Since the petitioner has already availed a statutory remedy,this writ petition is disposed of directing the Appellate Authority toconsider the appeal and pass orders on the same at the earliest. The respondents shall not take any coercive steps against the petitionerpursuant to Ext.P1 assessment order till the disposal of Ext.P2appeal. Sd/- T.R. RAVI JUDGE WP(C) NO. 3696 OF 2023 APPENDIX OF WP(C) 3696/2023 PETITIONER'S EXHIBITS Exhibit P1A TRUE COPY OF THE ASSESSMENT ORDER DATED 21.12.2017Exhibit P1(a)A TRUE COPY OF THE NOTICE OF DEMAND DATED 21.12.2017 Exhibit P2A TRUE COPY OF THE MEMORANDUM OF APPEAL BEFORE 2ND RESPONDENT