T.r. Ravi, J v. Wp(C)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 10 DAY OF APRIL 2023 / 20TH CHAITHRA, 1945WP(C) NO. 12645 OF 2023 PETITIONER: INCHAKUNDU SERVICE CO- OPERATIVE BANK LTD.MUPLIYAM, THRISSUR,PIN – 680312REPRESENTED BY ITS SECRETARY SMT. K.A JAICY BY ADVS.K.S.HARIHARAN NAIR G.REMADEVI RESPONDENTS: 1THE INCOME TAX OFFICER,WARD 2(2), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSSUR, PIN - 680001 2ASSESSMENT UNITNEAC, MAYUR BHAWAN, CONNAUGHT LANE, NEW DELHI, PIN - 110001 3COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE, PIN - 110001 SRI. JOSE JOSEPH, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAVI, J. --------------------------------------------W.P.(C).No.12645 of 2023--------------------------------------------Dated this the 10[th] day of April, 2023 JUDGMENT The petitioner is a Primary Agricultural Credit Co-operativeSociety registered under the Kerala Co-operative Societies Act, 1969.The petitioner has been assessed for tax as per Ext.P1 order rejectingthe claim for deduction made under Section 80P of Income Tax Acton the ground that there was no evidence to show that the petitionerhas satisfied the ingredients of the Primary Agricultural Credit Societyas contemplated under the Kerala Co-operative Societies Act.Reliance is placed on the judgment of the Hon’ble Supreme Court inMavilayi Service Co-operative Bank Ltd. v. Commissioner ofIncome Tax; 2021 (1) KLT 485 to challenge the assessment order.The petitioner has preferred Ext.P2 appeal and the same is pendingbefore the 3[rd] 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. Therespondents shall not take any coercive steps against the petitioner WP(C) NO. 12645 OF 2023 3 pursuant to Ext.P1 assessment order till the disposal of Ext.P2appeal. Sd/- T.R.RAVIJUDGE LEK WP(C) NO. 12645 OF 2023 4 APPENDIX OF WP(C) 12645/2023 PETITIONER EXHIBITS Exhibit P1COPY OF ASSESSMENT ORDER DATED 21-12-2022ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2021-22 Exhibit P2COPY OF APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24-03-2023 AGAINST EXT.P1. Exhibit P3COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24-03-2023 IN EXT. P2 APPEAL