The Petitioner Is A Primary Agricultural Credit v. Commissioner Of Income Tax; 2021 (1) Klt 485 To Challenge The Assessment Order. The Petitioner Has Preferred Ext.p2 Appeal And The Same

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 24 DAY OF JANUARY 2023 / 4TH MAGHA, 1944 WP(C) NO. 2286 OF 2023 PETITIONER: 1THE OTTAPALAM SERVICE CO-OPERATIVE BANK LTD. REG NO F.1164,23/650, BUS STAND BUILDING,,MAIN ROAD, OTTAPALAM,PALAKKAD - 679 101, KERALA, INDIAREPRESENTED BY ITS SECRETARY, SMT. LATHA N.AGED 52 YEARSBY ADV ALAN PRIYADARSHI DEV RESPONDENTS: 1ADDITIONAL /JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX /INCOME TAX OFFICER,NATIONAL E-ASSESSMENT CENTRE, INCOME TAX DEPARTMENT,MINISTRY OF FINANCE, ROOM NO.401, 2ND FLOOR,E-RAMP, JAWAHARLAL NEHRU STADIUM,DELHI-110 0032THE COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE,INCOME TAX DEPARTMENT,MINISTRY OF FINANCE, JAWAHARLAL NEHRU STADIUM,DELHI-110 003. SRI. JOSE JOSEPH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAVI, J.----------------------------------------- W.P.(C.) No.2286 of 2023-----------------------------------------Dated this the 24[th] day of January, 2023JUDGMENT The petitioner is a Primary Agricultural Credit Society registered under the Kerala Co-operativeSocieties Act, 1969. The petitioner has been assessedfor tax as per Ext.P1 order rejecting the claim fordeduction made under Section 80P of Income Tax Acton the ground that there was no evidence to showthat the petitioner has satisfied the ingredients of thePrimary Agricultural Credit Society as contemplatedunder the Kerala Co-operative Societies Act. Relianceis placed on the judgment of the Hon’ble SupremeCourt in Mavilayi Service Co-operative Bank Ltd.v. Commissioner of Income Tax; 2021 (1) KLT485 to challenge the assessment order. Thepetitioner has preferred Ext.P2 appeal and the same is pending before the 2[nd] respondent. Since the petitioner has already availed astatutory remedy, this writ petition is disposed ofdirecting the Appellate Authority to consider theappeal and pass orders on the same at the earliest.The respondent shall not take any coercive stepsagainst the petitioner pursuant to Ext.P1 assessmentorder till the disposal of Ext.P2 appeal. SKP/24-01 Sd/- T.R.RAVIJUDGE APPENDIX OF WP(C) 2286/2023 PETITIONER’S EXHIBITS:EXHIBIT-P1TRUE COPY OF THE ASSESSMENT ORDER AND DEMAND NOTICE FOR AY 2020-21 DATED 20-09-2022 ISSUED BY THE 1ST RESPONDENTEXHIBIT-P2TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 17-10-2022 FOR THE ASSESSMENT YEAR 2020-21 SUBMITTED BEFORE THE 2ND RESPONDENTEXHIBIT-P3TRUE COPY OF THE STAY PETITION DATED 15-10-2022SUBMITTED BEFORE THE 2ND RESPONDENT RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A. TO JUDGE