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 Thereby Renderingthe Assessment Itself As Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 23 DAY OF DECEMBER 2022 / 2ND POUSHA, 1944WP(C) NO. 42475 OF 2022 PETITIONER: KARTHEDOM RURAL CO-OPERATIVE SOCIETY LTD. NO. 385KARTHEDOM MALIPURAM, KOCHI,ERNAKULAM, PIN – 682 511. REPRESENTED BY ITS SECRETARY BY ADVS. M.SASINDRAN SREEHARI INDUKALADHARAN RESPONDENTS: 1THE INCOME TAX OFFICERNON CORP WARD 2(4) AND TPS KOCHICENTRAL REVENUE BUILDINGI S PRESS ROAD KACHERIPADYKOCHI KERALA, PIN – 682 018. 2THE COMMISSIOINER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEALS CENTRE (NFAC)NEW DELHI., PIN – 110 001. BY ADV JOSE JOSEPH OTHER PRESENT: ADV CHRISTOPHER ABRAHAM (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 23.12.2022, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: JUDGMENT Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Co-operative Societies Act,1969. Ext.P2 order of assessment was issued against thepetitioner on 30.03.2022. 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 2[nd] 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 thereby renderingthe assessment itself as incorrect. 3. Since the petitioner has already preferred an appealas Ext.P4 and the same is pending consideration before the2[nd] respondent, I deem it fit that this writ petition be W.P.(C) No.42475/2022 disposed of directing the Appellate Authority to considerthe 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.P4, as expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuant to Ext.P2assessment order. The writ petition is disposed of as above. ats Sd/- GOPINATH P.JUDGE W.P.(C) No.42475/2022 APPENDIX OF WP(C) 42475/2022 PETITIONER EXHIBITS Exhibit1A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 21.12.2015 ISSUED BY THEDEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES,ERNAKULAMREGISTRATION DATED 21.12.2015 ISSUED BY THEDEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES,ERNAKULAM Exhibit P2A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2014-2015 DATED 30.03.2022YEAR 2014-2015 DATED 30.03.2022 Exhibit P3A TRUE COPY OF THE DEMAND NOTICE NO.ITBA/AST/S/156/2021-22/1042162901(1) DATED 30.03.2022NO.ITBA/AST/S/156/2021-22/1042162901(1) DATED 30.03.2022 Exhibit P4A TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENTDATED 06.07.2022BY THE PETITIONER BEFORE THE 2ND RESPONDENTDATED 06.07.2022 Exhibit P4(a)A TRUE COPY OF THE STAY PETITION FILED BEFORE THE 1ST RESPONDENT DATED 18.06.2022BEFORE THE 1ST RESPONDENT DATED 18.06.2022 Exhibit P5A TRUE COPY OF THE JUDGMENT DATED 19.07.2019 IN W.A.NO.1639/201919.07.2019 IN W.A.NO.1639/2019