Nd] Respondent Appellate Authority, Petitioner Has Sought Tocanvass That The Judgment Of The Supreme Court In Mavilayiservice Co-Operative Bank And Others v. Commissioner Of

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 21 DAY OF JANUARY 2022 / 1ST MAGHA, 1943WP(C) NO. 2121 OF 2022 PETITIONER/S: M/S. CHALISSEY SERVICE CO-OPERATIVE BANK LTD.P-579, CHALISSERY, PALAKKAD-679 536, REPRESENTED BY ITS SECRETARY, SHRI.,PUSHPAKARAN VALIYAVEETUVALAPPIL KANDU.BY ADVS. T.M.SREEDHARAN (SR.)NISHA JOHN V.P.NARAYANAN RESPONDENT/S: 1ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOMETAX /INCOME TAX OFFICER,TAX /INCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE, INCOME TX DEPARTMENT, MINISTRY OF FINANCE, ROOM NO.4501, 2ND FLOOR, E-RAMP, JAWAHARLALA STADIUM, DELHI-110 003.MINISTRY OF FINANCE, ROOM NO.4501, 2ND FLOOR, E-RAMP, JAWAHARLALA STADIUM, DELHI-110 003. 2THE COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE, INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, JAWAHARLAL STADIUM, DELHI-110 003.MINISTRY OF FINANCE, JAWAHARLAL STADIUM, DELHI-110 003. SRI.JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BECHU KURIAN THOMAS, J. ========================W.P.(C) No.2121 of 2022 ------------------------------------------------ Dated this the 21[st] day of January, 2022 JUDGMENT Petitioner is a Primary Agricultural Credit Societyregistered under the Co-operative Societies Act, 1969. Ext.P1order of assessment was issued against the petitioner on28.09.2021. 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 Co-operative Societies Act. 2. While assailing the assessment order before the 2[nd] respondent Appellate Authority, petitioner has sought tocanvass that the judgment of the Supreme Court in MavilayiService Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others [2021 (1) KLT 485] was notconsidered by the assessing officer though the assessmentorder was rendered subsequent to the Supreme Courtjudgment. 3. Since the petitioner has already preferred an appeal as Ext.P2 and the same is pending consideration beforethe 2[nd] 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 a direction to the 2[nd] respondent to consider and pass appropriate orders on Ext.P2,as expeditiously as possible. 5. Till such time, no coercive steps shall be initiated against the petitioner pursuant to Ext.P1 assessment order. The writ petition is disposed of as above. sd/ jm/ BECHU KURIAN THOMAS JUDGE APPENDIX OF WP(C) 2121/2022 PETITIONER EXHIBITSExhibit P1TRUE COPY OF THE ASSESSMENT ORDER AND DEMAND NOTICE ALONG WITH COMPUTATION OF INCOME FOR AY 2015-16 DATED 28.09.2021.Exhibit P2TRUE COPY OF THE MEMORANDUM OF APPEAL FOR THEASSESSMENT YEAR 2015-16 DATED 25.10.2021 SUBMITTED BEFORE THE 2ND RESPONDENT. Exhibit P3TRUE COPY OF THE STAY PETITION FOR THE ASSESSMENT YEAR 2015-16 DATED 25.10.2021 SUBMITTED BEFORE THE 2ND RESPONDENT.