Ltd v. Commissioner Of Income Tax; 2021 (1) Klt 485To Submit That The Assessment Itself Is Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 30 DAY OF JANUARY 2023 / 10TH MAGHA, 1944 WP(C) NO. 2963 OF 2023 PETITIONER: M/S THE PANNIYANKARA SERVICE CO-OPERATIVE BANK KALLAI, KOZHIKODE,PIN – 673 003REPRESENTED BY ITS SECRETARY P. MAHESH CHANDRA, BY ADVS.S.ARUN RAJARJUN S.RAJC.T.SUJA RESPONDENTS: 1JOINT COMMISSIONER OF INCOME TAX RANGE-1, KOZHIKODE, AAYAKAR BHAVAN, KOZHIKODE, PIN – 673 001KOZHIKODE, AAYAKAR BHAVAN, KOZHIKODE, PIN – 673 001 2THE INCOME TAX APPELLATE TRIBUNALCOCHIN BENCH, CENTRAL REVENUE BUILDING, KAKKANAD, ERNAKULAM, PIN – 682 030COCHIN BENCH, CENTRAL REVENUE BUILDING, KAKKANAD, ERNAKULAM, PIN – 682 030 3INCOME TAX OFFICERWARD (13), AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE, PIN – 673 001 BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.2963 of 2022 T.R.RAVI, J. ---------------------------------------- WP (C) No.2963 of 2023 ------------------------------------------- Dated this the 30[th]day of January, 2023 JUDGMENT Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Cooperative Societies Act, 1969.Ext.P1 order of assessment was issued against the petitioner. In the assessment order, petitioner's claim for deductionunder Section 80P was rejected on the ground that therewas 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 relied on the judgment of theSupreme Court in Mavilayi Service Cooperative Bank Ltd. v. Commissioner of Income Tax; 2021 (1) KLT 485to submit that the assessment itself is incorrect. 3. Since the petitioner has already preferred an appealas Ext.P3 and the same is pending consideration before the WP(C) No.2963 of 2022 1[st] respondent, I deem it fit that this writ petition be disposedof directing the 1[st] respondent to consider the appeal in atime bound manner. 4. Accordingly, there will be a direction to the 1[st]respondent to consider and pass appropriate orders onExt.P3, as expeditiously as possible within a period of 2months from the date of receipt of a copy of this judgment. 5. Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuant to Ext.P1. Sd/- T.R.RAVI sn JUDGE WP(C) No.2963 of 2022 APPENDIX OF WP(C) 2963/2023 PETITIONER'S EXHIBITS Exhibit P1A TRUE COPY OF THE ORDER DATED 27-7-2018 PASSEDUNDER SECTION 271D R.W.S 269SS OF THE ACT BY THE FIRST RESPONDENT Exhibit P2A TRUE COPY OF THE ORDER DATED 24-8-2022 PASSEDBY THE CIT (APPEALS), NATIONAL FACELESS APPEAL CENTRE, DELHI FOR THE AY 2015-16BY THE CIT (APPEALS), NATIONAL FACELESS APPEAL CENTRE, DELHI FOR THE AY 2015-16 Exhibit P3A TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE AY2015-16PETITIONER BEFORE THE 2ND RESPONDENT FOR THE AY2015-16 Exhibit P4A TRUE COPY OF THE STAY APPLICATION FILED BY THE PETITIONER IN EXHIBIT P-3 APPEAL BEFORE THE2ND RESPONDENT FOR THE AY 2015-16THE PETITIONER IN EXHIBIT P-3 APPEAL BEFORE THE2ND RESPONDENT FOR THE AY 2015-16 Exhibit P5A TRUE COPY OF THE NOTICE DATED 16-1-2023 ISSUED BY THE 3RD RESPONDENTISSUED BY THE 3RD RESPONDENT RESPONDENT'S EXHIBITS : NIL //TRUE COPY// PA TO JUDGE