The Petitioner Is A Primary Cooperative Society Registered v. Wp(C)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 24 DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944 WP(C) NO. 6466 OF 2023 PETITIONER: SPACE CENTRE EMPLOYEES CO-OPERATIVE SOCIETY LTD. NO.T 1388, REPRESENTED BY ITS SECRETARY-IN-CHARGE, ISRO POST, THIRUVANANTHAPURAM DISTRICT, PIN - 695022 BY ADVS.ARJUN RAGHAVANT.R.HARIKUMAR RESPONDENTS: 1THE INCOME TAX OFFICERTHIRUVANANTHAPURAM, PIN - 695003 WARD 2(1), AAYKAR BHAVAN, 1ST FLOOR, KAWDIAR P.O, 2INCOME TAX APPELLATE TRIBUNAL THE REGISTRAR, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 & C2, 1ST FLOOR, KAKKANAD, COCHIN, PIN - 682030 BY ADV CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON24.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAVI, J. -------------------------------------------- W. P. (C). No. 6466 of 2023 --------------------------------------------Dated this the 24[th] day of February, 2023 JUDGMENT The petitioner is a Primary Cooperative Society registered under the Kerala Co-operative Societies Act, 1969. The petitionerhas been assessed for tax as per Exts.P1 & P2 orders rejecting theclaim for deduction made under Section 80P of Income Tax Act onthe ground that there was no evidence to show that the petitionerhas satisfied the ingredients of the Primary Agricultural CreditSociety as contemplated under the Kerala Co-operative SocietiesAct. Reliance is placed on the judgment of the Hon’ble SupremeCourt inMavilayi Service Co-operative Bank Ltd. v.Commissioner of Income Tax reported in (2021 (1) KLT 485)to challenge the assessment order. The petitioner has preferredExt.P3 appeal and the same is pending before the 2[nd] respondent. Since the petitioner has already availed the statutory remedy,this writ petition is disposed of directing the Appellate Authority toconsider the appeal and pass orders on the same at the earliest.The respondents shall not take any coercive steps against the 3 petitioner pursuant to Exts.P1 & P2 orders till the disposal of Ext.P3 appeal. Sd/- T.R. RAVI JUDGE Pn PETITIONER'S EXHIBITS Exhibit-P1A TRUE COPY OF THE PENALTY ORDER NO.ITBA/PNL/F/271B/ 2019-20/1016005729(1)DATED 15-05-2019 ISSUED BY THE 1ST RESPONDENT Exhibit-P2A TRUE COPY OF THE ORDER NO.ITBA/NFAC/S/250/ 2022-23/1047756010(1)DATED 01-12-2022 ISSUED BY THE FIRST APPELLATE AUTHORITY UNDER THE FACELESS SCHEME Exhibit-P3A TRUE COPY OF THE APPEAL MEMORANDUM DATED 18-01-2023, ALONG WITH AFFIDAVIT AND CHELLAN, FILED BEFORE THE 2ND RESPONDENT Exhibit-P4A TRUE COPY OF THE STAY PETITION FILED INEXT-P3 APPEAL DATED 18-01-2023Exhibit-P5A TRUE COPY JUDGMENT DATED 16-11-2022 IN WP(C) NO.36624 OF 2022 OF THIS HON'BLE COURT