Respondent, Petitioner Has Sought To Canvas 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 Therebyrendering The Assessment Itself As Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 15 DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944WP(C) NO. 36515 OF 2022 PETITIONER: THE CHITTATTUKARA SERVICE CO-OPERATIVE BANKLTD NO. F 1642 CHITTATTUKARA , THRISSUR PIN- 680 511.REPRESENTED BY ITS SECRETARY. BY ADV P.C.SASIDHARAN RESPONDENTS: 1THE COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE, ROOM NO. 356, C.R. BUILDING, IP ESTATE, DELHI- 110 002.NATIONAL FACELESS APPEAL CENTRE, ROOM NO. 356, C.R. BUILDING, IP ESTATE, DELHI- 110 002. 2THE PRINCIPAL COMMISSIONER OF INCOME TAXO/O THE PRINCIPAL COMMISSIONER OF INCOME TAX, AYAKAR BHAVAN, MANANCHIRA, KOZHIKODE, KERALA – 673 001. 3THE INCOME TAX OFFICERWARD 1 & TPS, CITY PLAZA, INCOME TAX OFFICE, WEST NADA, GURUVAYOOR, KERALA - 680 101. BY ADV CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2022, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: W.P.(C) No.36515/2022 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 19.09.2022. In the assessment order,petitioner's claim for deduction under Section 80P wasrejected on the ground that there was no evidence to showthat petitioner satisfied the ingredients of the PrimaryAgricultural Credit Society as contemplated under theKerala Co-operative Societies Act. 2. While assailing the assessment order before the 1[st] respondent, petitioner has sought to canvas 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 therebyrendering the assessment itself as incorrect. 3. Since the petitioner has already preferred an appealas Ext.P3 and the same is pending consideration before the1[st] respondent, I deem it fit that this writ petition bedisposed of directing the Appellate Authority to consider W.P.(C) No.36515/2022 the appeal in a time 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. 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. Sd/-GOPINATH P. JUDGE APPENDIX OF WP(C) 36515/2022 PETITIONER EXHIBITS Exhibit P1THE TRUE COPY OF THE ASSESSMENT ORDER DURING THE ASSESSMENT YEAR 2020-2021 DATED 19-09-2022 THE ASSESSMENT YEAR 2020-2021 DATED 19-09-2022 Exhibit P2THE TRUE COPY OF THE DEMAND NOTICE DATED 19/09/2022 19/09/2022 Exhibit P3THE TRUE COPY OF THE APPEAL DATED 17-10-2022 Exhibit P4THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF INCOME TAX FORMS SHOWING THE FILING OF THEAPPEAL ON 17-10-2022 OF INCOME TAX FORMS SHOWING THE FILING OF THEAPPEAL ON 17-10-2022 Exhibit P5THE TRUE COPY OF THE STAY PETITION DATED 17/10/2022 FILED BY THE PETITIONER BEFORE THE1ST RESPONDENT 17/10/2022 FILED BY THE PETITIONER BEFORE THE1ST RESPONDENT Exhibit P6THE TRUE COPY OF THE JUDGMENT IN W.A.NO.1536 OF 2019 DATED 1/7/2019 OF 2019 DATED 1/7/2019 Exhibit P7THE TRUE COPY OF THE JUDGMENT IN W.P(C) NO.14282/2021 DATED 19/7/2021 NO.14282/2021 DATED 19/7/2021 Exhibit P8THE TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 34067/2022 DATED 27/10/202234067/2022 DATED 27/10/2022