The Petitioner Is A Primary Agricultural Credit v. Commissioner Of Income Tax; 2021(1) Klt 485 To Challenge The Assessment Order. Thepetitioner 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. 2202 OF 2023 PETITIONER: 1THE CHERPALACHERI SERVICE CO-OPERATIVE BANK LTD, PALAKKAD, REPRESENTED BY ITS SECRETARY, SMT. PREMALATHA M.AGED 57 YEARSCHERPULASSERI POST, PALAKKAD - 679 503.BY ADV ALAN PRIYADARSHI DEV RESPONDENTS: 1ADDITIONAL /JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX INCOME TAX OFFICER,ASSESSMENT UNIT,NATIONAL E-ASSESSMENT CENTRE, INCOME TAX DEPARTMENT,MINISTRY OF FINANCE, ROOM NO.401, 2ND FLOOR,E-RAMP, JAWAHARLAL STADIUM,DELHI - 110 0032THE COMMISSIONER OF INCOME TAX (APPEALS), NFACNATIONAL FACELESS APPEAL CENTRE,INCOME TAX DEPARTMENT,MINISTRY OF FINANCE, JAWAHARLAL 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.2202 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.Reliance is placed on the judgment of the Hon’bleSupreme Court in Mavilayi Service Co-operativeBank Ltd. v. Commissioner of Income Tax; 2021(1) KLT 485 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) 2202/2023 PETITIONER’S EXHIBITS:EXHIBIT-P1TRUE COPY OF THE ASSESSMENT ORDER AND DEMAND NOTICE DATED 23-9-2022 PASSED BY THE FIRST RESPONDENT FOR F6-2020-21EXHIBIT-P2TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 22-10-2022 SUBMITTED BEFORE THE SECOND RESPONDENTEXHIBIT-P3TRUE COPY OF THE STAY PETITION DATED 22-10-2022SUBMITTED BEFORE THE 2ND RESPONDENT RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A. TO JUDGE