The Petitioner Is A Primary Agricultural Credit Co v. Since The Petitioner Has Already Availed A Statutory

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 27 DAY OF JANUARY 2023 / 7TH MAGHA, 1944WP(C) NO. 2560 OF 2023 PETITIONER: CHENDAMAGALAM SERVICE CO-OPERATIVE BANK LTD. NO.132REPRESENTED BY ITS SECRETARY IN CHARGE,CHENDAMAGALAM P.O, ERNAKULAM DISTRICT, PIN – 683512. BY ADVS.M.M.MONAYE M.PAUL VARGHESEK.V.SANOSHANJANA SUGUNAN RESPONDENTS: 1ADDITIONAL/ASSISTANT COMMISSIONER OF INCOME TAXINCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE, INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, ROOM NO.401, 2ND FLOOR, E-RAMP, JAWAHARLAL STADIUM, DELHI – 110003.INCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE, INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, ROOM NO.401, 2ND FLOOR, E-RAMP, JAWAHARLAL STADIUM, DELHI – 110003. 2THE COMMISSIONER OF INCOME TAX (APPEALS),NATIONAL FACELESS APPEAL CENTRE (NFAC) INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, JAWAHARLAL STADIUM, DELHI – 110003.NATIONAL FACELESS APPEAL CENTRE (NFAC) INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, JAWAHARLAL STADIUM, DELHI – 110003. 3PRINCIPAL COMMISSIONAR OF INCOME TAX, KERALAC.R. BUILDING, I.S. PRESS ROAD, KOCHI - 682018C.R. BUILDING, I.S. PRESS ROAD, KOCHI - 682018 4THE INCOME TAX OFFICERWARD - 2, TPS, KAP COMMERCIAL COMPLEX, O/O ADDITIONAL COMMISSIONER OF INCOME TAX ALUVA RANGE, R.S. ROAD, ALUVA – 683101.WARD - 2, TPS, KAP COMMERCIAL COMPLEX, O/O ADDITIONAL COMMISSIONER OF INCOME TAX ALUVA RANGE, R.S. ROAD, ALUVA – 683101. ADV. JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAVI, J. -------------------------------------------- W.P.(C).No.2560 of 2023 -------------------------------------------- Dated this the 27[th] day of January, 2023 JUDGMENT The petitioner is a Primary Agricultural Credit Co- operative Society registered under the Kerala Co-operativeSocieties Act, 1969. The petitioner has been assessed for taxas per Ext.P1 order rejecting the claim for deduction madeunder Section 80P of Income Tax Act on the ground that therewas no evidence to show that the petitioner has satisfied theingredients of the Primary Agricultural Credit Society ascontemplated under the Kerala Co-operative Societies Act.Reliance is placed on the judgment of the Hon’ble SupremeCourt in Mavilayi Service Co-operative Bank Ltd. v.Commissioner of Income Tax; 2021 (1) KLT 485 tochallenge the assessment order. The petitioner has preferredExt.P2 appeal and the same is pending before the 2[nd]respondent. Since the petitioner has already availed a statutory WP(C) NO. 2560 OF 2023 remedy, this writ petition is disposed of directing theAppellate 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. mpm Sd/- T.R.RAVIJUDGE APPENDIX OF WP(C) 2560/2023 PETITIONER'S EXHIBITS Exhibit P1TRUE COPY OF THE ASSESSMENT ORDER DATED 07.04.2021 FOR THE AY 2018-19. Exhibit P2TRUE COPY OF THE MEMORANDUM OF APPEAL IN FORM 35 DATED 29.05.2021. Exhibit P3TRUE COPY OF THE PETITION FOR STAY DATED 29.05.2021, FILED BY THE PETITIONER. Exhibit P4TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 29.05.2021. Exhibit P5TRUE COPY OF THE E PROCEEDINGS RESPONSE ACKNOWLEDGEMENT NUMBERED AS 827092531301122. Exhibit P6TRUE COPY OF THE JUDGMENT IN WPC 41580 OF 2022 DATED 21.12.2022.