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] Was Not Considered By The Assessing

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 3 DAY OF MARCH 2022 / 12TH PHALGUNA, 1943WP(C) NO. 6951 OF 2022 PETITIONER: ANAND FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.919, ANAD P O, NEDUMANGAD, THIRUVANANTHAPURAM-695541, REPRESENTED BY ITS MANAGING DIRECTOR-IN-CHARGE.BY ADV ANIL K.NAIR RESPONDENTS: 1ADDTIONAL/JOINT/DEPUTY ASSISTANT COMMISSIONER OF INCOMETAX/INCOME TAX OFFICER,TAX/INCOME TAX OFFICER, NATIONAL FACELESS ASSESSMENT CENTRE, INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, DELHI-110001.DEPARTMENT, MINISTRY OF FINANCE, DELHI-110001. 2THE COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE, INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, DELHI-110001. 3KERALA STATE CO-OPERATIVE BANK (ERSTWHILE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM DISTRICT OFFICE, EAST FORT, THIRUVANANTHAPURAM-695001) REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.BANK, THIRUVANANTHAPURAM DISTRICT OFFICE, EAST FORT, THIRUVANANTHAPURAM-695001) REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. OTHER PRESENT: ADV.CHRISTOPHER ABRAHAM FOR R1 R2. AD. THOMAS ABRAHAM FOR R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON03.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BECHU KURIAN THOMAS, J .............................................… W.P.(C) NO. 6951 OF 2022 …........................................ Dated this the 3[rd] 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 thepetitioner on 28.09.2021. In the assessment order,petitioner's claim for deduction under Section 80P wasrejected on the ground that there was no evidence toshow that petitioner satisfied the ingredients of thePrimary Agricultural Credit Society as contemplated underthe 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] was not considered by the assessing 3 officer though the assessment order was renderedsubsequent to the Supreme Court Judgment. 3. Since the petitioner has already preferred an appeal as Ext.P3 and the same is pending considerationbefore the 2[nd] respondent, I deem it fit that this writpetition be disposed of directing the Appellate Authority toconsider the appeal in a time bound manner. 4. Accordingly, there will be a direction to the 2[nd]respondent to consider and pass appropriate orders onExt.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. AJM Sd/- BECHU KURIAN THOMASJUDGE APPENDIX OF WP(C) 6951/2022 PETITIONER’S EXHIBITS : Exhibit P1THE TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2014-2015 DATED 28/09/2021. Exhibit P2THE TRUE COPY OF THE NOTICE OF DEMAND DATED 28/09/2021 ISSUED UNDER SECTION 156 OF THE INCOME TAX ACT. Exhibit P3THE TRUE COPY OF THE ONLINE APPEAL DATED 29.12.2021, ALONG WITH GROUNDS OF APPEAL FILED BEFORE THE 2ND RESPONDENT, AGAINST EXHIBIT P1 ASSESSMENT ORDER. Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED 27.01.2022 IN WPC NO.29980 OF 2021. RESPONDENT’S EXHIBITS : NIL AJM //TRUE COPY// PA TO JUDGE