F-1514, Akathethara Post,Palakkad v. Menonmeera V.menonr.sreejithk.krishna

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 27 DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944 WP(C) NO. 30599 OF 2022 PETITIONER/S: AKATHETHARA SERVICE CO-OPERATIVE BANK LTD. F-1514, AKATHETHARA POST,PALAKKAD, REPRESENTED BY ITSSECRETARY, SUBHA VARMA P., PIN - 678008BY ADVS.HARISANKAR V. MENONMEERA V.MENONR.SREEJITHK.KRISHNA RESPONDENT/S: 1THE ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/NCOME TAX OFFICER NATIONAL FACELESS ASSESSMENT CENTREDELHI, PIN - 1100012NATIONAL FACELESS APPEAL CENTRENATIONAL FACELESS APPEAL CENTRE,DELHI , REPRESENTED BY THE COMMISSIONER OF INCOME TAX (APPEALS, PIN – 110001ADV. JOSE JOSEPH (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON27.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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 06.08.2022. 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 2[nd] 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] now governs the field thereby renderingthe assessment itself as incorrect. 3. Since the petitioner has already preferred an appealas Ext.P2 and the same is pending consideration before the2[nd] respondent, I deem it fit that this writ petition be disposedof directing the Appellate Authority to consider the appeal ina time bound manner. ajt 4. Accordingly, there will be a direction to the NationalFaceless Appeal Centre (2[nd] respondent) to consider and passappropriate 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/- GOPINATH P.JUDGE APPENDIX OF WP(C) 30599/2022 PETITIONER EXHIBITSExhibit P1 Exhibit P2 Exhibit P3 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2020-21 DTD. 06-08-2022 COPY OF APPEAL FILED BY THE PETITIONER BEFORETHE 2ND RESPONDENT DTD. 03-09-2022COPY OF STAY PETITION FILED BY THE PETITIONERBEFORE THE 2ND RESPONDENT DTD.03-09-2022