The Vattanathra Service Co-Operative Bank Ltd.,No v. Menonmeera V.menonr.sreejithk.krishna

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 24 DAY OF NOVEMBER 2022 / 3RD AGRAHAYANA, 1944WP(C) NO. 37541 OF 2022 PETITIONER: THE VATTANATHRA SERVICE CO-OPERATIVE BANK LTD.,NO: 499, V1/338, VATTANATHRAPOST,ALAGAPPA NAGAR, THRISSUR – 680 302, REPRESENTED BY ITS SECRETARY, MINI.K.R.BY ADVS.HARISANKAR V. MENONMEERA V.MENONR.SREEJITHK.KRISHNA ALAGAPPA NAGAR, THRISSUR – 680 302, RESPONDENTS: 1THE ADDITIONAL/JOINT/DEPUTY ASSISTANT COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER,NATIONAL FACELESS ASSESSMENT CENTRE,DELHI – 110 001.2NATIONAL FACELESS APPEAL CENTRE,DELHI – 110 001, REPRESENTED BY THE COMMISSIONER OF INCOME TAX (APPEALS)ADV. JOSE JOSEPH (SC)THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON24.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner is a Primary Agricultural Credit Society registeredunder the Kerala Co-operative Societies Act, 1969. Ext.P1 order ofassessment was issued against the petitioner on 19.09.2022. Inthe assessment order, petitioner's claim for deduction underSection 80P was rejected on the ground that there was noevidence to show that petitioner satisfied the ingredients of thePrimary Agricultural Credit Society as contemplated under theKerala Co-operative Societies Act. 2. While assailing the assessment order before the 2nd respondent, petitioner has sought to canvas that thejudgment of the Supreme Court in Mavilayi Service Co-operative Bank Ltd. and others v. Commissioner of IncomeTax and another [2021 (1) KLT 485] now governs the fieldthereby rendering the assessment itself as incorrect. 3. Since the petitioner has already preferred an appeal asExt.P2 and the same is pending consideration before the 2[nd]respondent, I deem it fit that this writ petition be disposed ofdirecting the Appellate Authority to consider the appeal in a timebound manner. 4. Accordingly, there will be a direction to the 2[nd] respondent to consider and pass appropriate orders on Ext.P2, as expeditiouslyas possible. 5. Till the disposal of the appeal, no coercive steps shall beinitiated against the petitioner pursuant to Ext.P1 assessmentorder. The writ petition is disposed of as above. DK Sd/- JUDGE GOPINATH P. APPENDIX OF WP(C) 37541/2022 PETITIONER EXHIBITS Exhibit P1COPYOF ASSESSMENT ORDER ISSUED BY THE 1STRESPONDENT FOR THE YEAR 2020-21 DTD. 19-09-2022 Exhibit P2COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 18-10-2022 Exhibit P3COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD,. 18-10-2022