The Koduvayur Service Co-Operative Bank Ltd.no. P.756, Koduvayur, Palakkad v. Menonmeera V.menonr.sreejithk.krishna

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 24 DAY OF MARCH 2023 / 3RD CHAITHRA, 1945WP(C) NO. 10355 OF 2023 PETITIONER: THE KODUVAYUR SERVICE CO-OPERATIVE BANK LTD.NO. P.756, KODUVAYUR, PALAKKAD , REPRESENTED BY ITS SECRETARY-IN-CHARGE, SUJEESH.K.K, PIN - 678521BY ADVS.HARISANKAR V. MENONMEERA V.MENONR.SREEJITHK.KRISHNA RESPONDENTS: 1THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER NATIONAL FACELESS E-ASSESSMENT CENTRE, DELHI, PIN - 110001 2NATIONAL FACELESS APPEAL CENTREDELHI , REPRESENTED BY THE COMMISSIONER OF INCOME TAX (APPEALS)., PIN - 110001 OTHER PRESENT: SRI. JOSE JOSEPH, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAVI, J. -------------------------------------------- W.P.(C) No.10355 of 2023 -------------------------------------------- Dated this the 24[th]day of March, 2023 JUDGMENT The petitioner is a Service Co-operative Societyregistered under the Kerala Co-operative Societies Act, 1969.The petitioner has been assessed for tax as per Ext.P1 orderrejecting the claim for deduction made under Section 80P ofIncome Tax Act on the ground that there was no evidence toshow that the petitioner has satisfied the ingredients of thePrimary Agricultural Credit Society as contemplated underthe Kerala Co-operative Societies Act. Reliance is placed onthe judgment of the Hon’ble Supreme Court in MavilayiService Co-operative Bank Ltd. v. Commissioner ofIncome Tax; 2021 (1) KLT 485 to challenge the assessmentorder. The petitioner has preferred Ext.P2 appeal and thesame is pending before the 2[nd] respondent. Since the petitioner has already availed the statutoryremedy, this writ petition is disposed of directing the WP(C) NO. 10355 of 2023 Appellate Authority to consider the appeal and pass orders onthe same at the earliest. The respondents shall not take anycoercive steps against the petitioner pursuant to Ext.P1assessment order till the disposal of Ext.P2 appeal. TR Sd/-T.R.RAVIJUDGE APPENDIX OF WP(C) 10355/2023 PETITIONER EXHIBITS Exhibit P1COPY OF ASSESSMENT ORDER ISSUED BY THE 1STRESPONDENT FOR THE YEAR 2021-22 DTD. 21-12-2022 Exhibit P2COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 19-01-2023Exhibit P3COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 19-01-2023