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. THURSDAY, THE 22 DAY OF DECEMBER 2022 / 1ST POUSHA, 1944WP(C) NO. 42106 OF 2022 PETITIONER: THE PAZHAVANGADIKARA SERVICE CO-OPERATIVE BANK LTDII/453A, PAZHAVANGADI P.O.,RANNY, PATHANAMTHITTA, PIN – 673 121.REPRESENTED BY ITS SECRETARYSREEKUMAR P. S. BY ADV SANTHOSH P.ABRAHAM RESPONDENTS: 1THE INCOME TAX OFFICER,WARD NO. I AND TPS,WARD NO. I AND TPS, THIRUVALLA., PIN – 689 101. 2THE ADDITIONAL/JOINT/ DEPUTY ASSESSMENT OF INCOMETAX/INCOME TAX OFFICER, NATIONAL E. ASSESSMENT CENTRE,NEW DELHI., PIN – 110 001.TAX/INCOME TAX OFFICER, NATIONAL E. ASSESSMENT CENTRE,NEW DELHI., PIN – 110 001. 3THE NATIONAL FACELESS APPEAL CENTRE,NEW DELHI, PIN – 100 001.REPRESENTED BY PRINCIPAL CHIEF COMMISSIONER.NEW DELHI, PIN – 100 001.REPRESENTED BY PRINCIPAL CHIEF COMMISSIONER. BY ADV JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 22.12.2022, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: JUDGMENT Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Co-operative Societies Act,1969. Exts.P1 & P2 assessment orders were issued againstthe petitioner on 31-12-2019 & 21-09-2022 respectively. Inthe assessment orders, 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 3[rd] 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 appealsas Exts.P3 and P4 and the same are pending considerationbefore the 3[rd] respondent, I deem it fit that this writ W.P.(C) No.42106/2022 petition be disposed of directing the Appellate Authority toconsider the appeal in a time bound manner.4. Accordingly, there will be a direction to the 3[rd]respondent to consider and pass appropriate orders onExts.P3 and P4 as expeditiously as possible.5. Till the disposal of the appeal, no coercive stepsshall be initiated against the petitioner pursuant toExts.P1& P2 assessment orders. The writ petition is disposed of as above. Sd/-GOPINATH P.JUDGE W.P.(C) No.42106/2022 APPENDIX OF WP(C) 42106/2022 PETITIONER EXHIBITS Exhibit P-1TRUE COPY OF THE ASSESSMENT ORDER NO.AAAAT6882G/2017-18 DATED 31-12-2019 ISSUED BY THE 1ST RESPONDENT Exhibit P-2TRUE COPY OF THE ASSESSMENT ORDER NO. AAAAT6882G/2020-21 DATED 21-09-2022 WITH THE COMPUTATION SHEET ISSUED BY THE 2ND RESPONDENT Exhibit P-3RESPONDENT, NATIONAL FACELESS APPEAL CENTRE, AGAINST THE IMPUGNED ASSESSMENT ORDERS. TRUE COPY OF THE APPEAL DATED 28-01-2020 FOR THE YEAR 2017-18 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-4. TRUE COPY OF THE APPEAL DATED 21-10-2022 FOR THE YEAR 2020-21 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-5 TRUE COPY OF THE STAY PETITION DATED 26-01-2020 FOR THE YEAR 2017-18 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-6TRUE COPY OF THE STAY PETITION DATED 20-10-2022 FOR THE YEAR 2020-21 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT2022 FOR THE YEAR 2020-21 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-7TRUE COPY OF THE NOTICE NO.AAAAT6882G/2020-21 DATED 18-11-2022 ISSUED BY THE 1ST RESPONDENT