Ltd v. Commissioner Of Income Tax [2021 (1) Klt 485

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 25 DAY OF MARCH 2022 / 4TH CHAITHRA, 1944 WP(C) NO. 9186 OF 2022 PETITIONER : KERALA STATE CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.,POST BOX NO. 56, STATUE JN.,TRIVANDRUM,REPRESENTED BY ITS MANAGING DIRECTOR MR. BINOY KUMAR. M, PIN - 695001 BY ADVS.JAZIL DEV FERDINANTOJOSE JACOB RESPONDENTS : 1UNION OF INDIA,REPRESENTED BY SECRETARY,MINISTRY OF FINANCE,DEPARTMENT OF REVENUE,NORTH BLOCK,NEW DELHIERNAKULAM, PIN - 110001 2ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/INCOME-TAX OFFICER,NATIONAL E-ASSESSMENT CENTRE, DELHI, PIN – 110 001INCOME TAX/INCOME-TAX OFFICER,NATIONAL E-ASSESSMENT CENTRE, DELHI, PIN – 110 001 3ASSISTANT COMMISSIONER OF INCOME TAXCIRCLE-1(1), RANGE-1,CIRCLE-1(1), RANGE-1, AAYAKAR BAHAVAN,KOWDIAR P.O. TRIVANDRUM, PIN - 695003KOWDIAR P.O. TRIVANDRUM, PIN - 695003 4COMMISSIONER OF INCOME TAX (APPEALS),NATIONAL FACELESS APPEAL CENTRE (NFAC),DELHI, PIN - 110001NATIONAL FACELESS APPEAL CENTRE (NFAC),DELHI, PIN - 110001 5COMMISSIONER OF INCOME TAX(APPEALS)AAYAKAR BHAVAN, KOWDIAR,THIRUVANANTHAPURAM, PIN – 695 003AAYAKAR BHAVAN, KOWDIAR,THIRUVANANTHAPURAM, PIN – 695 003 6COMMISSIONER OF INCOME TAX(APPEALS)NATIONAL FACELESS APPEAL CENTRE (NFAC),1ST FLOOR, POORNIMA BUILDING,PANAMPILLY NAGAR, KOCHI, PIN - 682036NATIONAL FACELESS APPEAL CENTRE (NFAC),1ST FLOOR, POORNIMA BUILDING,PANAMPILLY NAGAR, KOCHI, PIN - 682036 BY S.MANU ASGI, BY SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 25.03.2022, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: BECHU KURIAN THOMAS, J. ----------------------------------------- W.P.(C) No.9186 of 2022 ---------------------------------------- Dated this the 25[th] day of March, 2022 JUDGMENT Petitioner is a Primary Agricultural Credit Society registered under the Kerala Co-operative Societies Act, 1969.Ext.P1 order of assessment was issued against the petitioner on20.04.2021. 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 4[th] respondent, petitioner has sought to canvass that the judgmentof the Supreme Court in Mavilayi Service Cooperative Bank Ltd. v. Commissioner of Income Tax [2021 (1) KLT 485] was not considered by the assessing officer though theassessment order was rendered subsequent to the SupremeCourt Judgment. WP(C) NO. 9186 OF 2022 -:4:- 3. Since the petitioner has already preferred an appeal as Ext.P3 and the same is pending consideration beforethe 4[th] respondent, I deem it fit that this writ petition bedisposed of directing the Appellate Authority to consider theappeal in a time bound manner. 4. Accordingly, there will be a direction to the 4[th]respondent to consider and pass appropriate orders on Ext.P3,as expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuant to Ext.P1assessment order. The writ petition is disposed of as above. RKM Sd/- BECHU KURIAN THOMAS, JUDGE WP(C) NO. 9186 OF 2022 APPENDIX OF WP(C) 9186/2022 PETITIONER'S EXHIBITS : ExhibitP1COPY OF THE ASSESSMENT ORDER RELATING TO AY 2018-19 DATED 20.04.2021TO AY 2018-19 DATED 20.04.2021 ExhibitP2COPY OF DEMAND NOTICE RELATING TO AY 2018-19 DATED 20.04.20212018-19 DATED 20.04.2021 ExhibitP3COPY OF APPEAL IN FORM 35 DATED 20.05.202120.05.2021 ExhibitP4COPY OF TAX DUE LETTER DATED 09.11.2021ExhibitP5REPLY FILED IN RESPONSE TO TAX DUE LETTER DATED 15.11.2021ExhibitP5REPLY FILED IN RESPONSE TO TAX DUE LETTER DATED 15.11.2021 ExhibitP6COPY OF DEMAND NOTICE DATED 04.03.2022 5. Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuant to Ext.P1assessment order. The writ petition is disposed of as above. RKM Sd/- BECHU KURIAN THOMAS, JUDGE WP(C) NO. 9186 OF 2022 APPENDIX OF WP(C) 9186/2022 PETITIONER'S EXHIBITS : ExhibitP1COPY OF THE ASSESSMENT ORDER RELATING TO AY 2018-19 DATED 20.04.2021TO AY 2018-19 DATED 20.04.2021 ExhibitP2COPY OF DEMAND NOTICE RELATING TO AY 2018-19 DATED 20.04.20212018-19 DATED 20.04.2021 ExhibitP3COPY OF APPEAL IN FORM 35 DATED 20.05.202120.05.2021 ExhibitP4COPY OF TAX DUE LETTER DATED 09.11.2021ExhibitP5REPLY FILED IN RESPONSE TO TAX DUE LETTER DATED 15.11.2021ExhibitP5REPLY FILED IN RESPONSE TO TAX DUE LETTER DATED 15.11.2021 ExhibitP6COPY OF DEMAND NOTICE DATED 04.03.2022 ExhibitP7COPY OF PETITION FOR STAY OF COLLECTIONOF TAX FILED WITH CIT(A), TRIVANDRUM DATED 04.03.2022OF TAX FILED WITH CIT(A), TRIVANDRUM DATED 04.03.2022 ExhibitP8COPY OF PETITION FOR STAY OF COLLECTIONOF TAX FILED WITH CIT(A), NFAC, KOCHI DATED 07.03.2022OF TAX FILED WITH CIT(A), NFAC, KOCHI DATED 07.03.2022 ExhibitP9REPLY FILED IN RESPONSE TO DEMAND NOTICE DATED 09.03.2022NOTICE DATED 09.03.2022