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] Now Governs The Field Thereby Renderingthe Assessment Itself As Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 11 DAY OF JULY 2022 / 20TH ASHADHA, 1944WP(C) NO. 22397 OF 2022 PETITIONER/S: KOTTARAKARA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURALDEVELOPMENT BANK LTD NO.Q 1511, REPRESENTED BY ITS SECRETARY-IN-CHARGE, KOTTARAKKARA.P.O, KOLLAM DISTRICT, PIN - 691506BY ADVS.ADITHYA RAJEEVT.R.HARIKUMARARJUN RAGHAVAN RESPONDENT/S: 1THE INCOME TAX OFFICER, WARD-2, OFFICE OF THE INCOME TAX OFFICER, KOLLAM RANGE, AAYAKAR BHAVAN,NEAR KARBALA JUNCTION, KOLLAM, PIN - 691001 2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003 3THE COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE, NORTH BLOCK, DELHI, PIN - 110001 BY ADV CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2022, 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 30.04.2021. In the assessment order, petitioner's claimfor deduction under Section 80P was rejected on the groundthat there was no evidence to show that petitioner satisfiedthe ingredients 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 canvass 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.P3 and the same is pending consideration before the2[nd] respondent, I deem it fit that this writ petition bedisposed of directing the Appellate Authority to consider theappeal in a time bound manner. WP(C) NO. 22397 OF 2022 3 4. Accordingly, there will be a direction to thecompetent among the respondents to consider and passappropriate orders on Ext.P3 as expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shallbe initiated against the petitioner pursuant to Ext.P1assessment order and Ext.P6 demand notice. The writ petition is disposed of as above. ajt sd/-GOPINATH P.JUDGE APPENDIX OF WP(C) 22397/2022 PETITIONER EXHIBITSExhibit-P1 Exhibit-P2 Exhibit-P3 Exhibit-P4 Exhibit-P5 Exhibit-P6 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2018-2019 DATED 30-04-2021 A TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 156 OF THE INCOME TAX ACT DATED 30-04-2021 A TRUE COPY OF THE ONLINE APPEAL FILED AGAINST EXT-P1 ASSESSMENT ORDER DATED 26-05-2021 A TRUE COPY OF THE JUDGMENT DATED 19-07-2019 IN W.A NO.1639 OF 2019 OF THIS HON'BLE COURT A TRUE COPY OF THE JUDGMENT DATED 14-01-2022 IN WP(C) NO.30579 OF 2021 OF THIS HON'BLE COURT A TRUE COPY OF THE COMMUNICATION DATED 13-06-2022 ISSUED BY THE 1ST RESPONDENT