Respondent, Petitioner Has Sought To Canvas That Thejudgment Of The Supreme Court In Mavilayi Service Co-Operative Bank Ltd. And Others v. Commissioner Ofincome Tax And Another [2021 (1) Klt 485] Now Governs Thefield Thereby Rendering The Assessment Itself As Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 5 DAY OF JANUARY 2023 / 15TH POUSHA, 1944 WP(C) NO. 247 OF 2023 PETITIONER: THE URANGATTIRI SERVICE CO-OPERATIVE BANK LTD. 8895, PO URANGATTIRI, AREACODE VIA, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV O.D.SIVADAS RESPONDENTS: 1THE NATIONAL FACELESS APPEAL CENTRE,INCOME TAX DEPARTMENT, NEW DELHI – 110 001, REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER.2THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE, INCOME TAX DEPARTMENT, NEW DELHI – 110 001.3THE INCOME TAX OFFICER, AYKAR BHAVAN, WARD 2, TIRUR, MALAPPURAM DISTRICT, PIN – 676 001. BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON05.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Co-operative Societies Act, 1969.Ext.P1 order of assessment was issued against the petitioneron 25.09.2022. 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 Kerala 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. and others v. Commissioner ofIncome Tax and another [2021 (1) KLT 485] now governs thefield thereby rendering the assessment itself as incorrect. 3. Since the petitioner has already preferred an appeal asExt.P2 and the same is pending consideration before the 1[st]respondent, I deem it fit that this writ petition be disposed ofdirecting the Appellate Authority to consider the appeal in atime bound manner. WP(C) NO. 247 OF 2023 3 4. Accordingly, there will be a direction to the 1[st]respondent to consider and pass appropriate orders on Ext.P2,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) 247/2023 PETITIONER EXHIBITS Exhibit P1TRUE COPY OF THE ASSESSMENT ORDER DATED25/09/2022 ISSUED BY THE 2ND RESPONDENT. Exhibit P2TRUE COPY OF THE APPEAL DATED 18.10.2022 FILED BY THE PETITIONER AGAINST EXT.P1 ASSESSMENT ORDER FOR THEPERIOD 2021-22. Exhibit P3 TRUE COPY OF THE JUDGMENT WP(C).NO. 22847 OF 2022 RENDERED BY THIS HON'BLE COURT DATED 14.07.2022.