While Assailing The Assessment Order Before The 1[St] Respondent,Petitioner Has Sought To Canvass That The Judgment Of The Supreme Court Inmavilayi Service Co-O v. Commissioner Of

WP(C) NO. 33846 OF 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 26 DAY OF OCTOBER 2022 / 4TH KARTHIA, 1944WP(C) NO. 33846 OF 2022 PETITIONER/S: KARAMUCK SERVICE CO-OPERATIVE BANK LTD. NO.16KARAMUCK, KANDASSANKADAVU, THRISSUR-680 613, REPRESENTED BY ITS SECRETARY., PIN - 680613BY ADV P.C.SASIDHARAN RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE, ROOM NO.356 C.R. NATIONAL FACELESS APPEAL CENTRE, ROOM NO.356 C.R. BUILDING, IP ESTATE, DELHI- 110 002., PIN - 110002 2THE PRINCIPAL COMMISSIONER OF INCOME TAXO/O THE PRINCIPAL COMMISSIONER OF INCOME TAX, AYAKAR BHAVAN, MANANCHIRA, KOZHIKODE, KERALA - 673001. , PIN -673001O/O THE PRINCIPAL COMMISSIONER OF INCOME TAX, AYAKAR BHAVAN, MANANCHIRA, KOZHIKODE, KERALA - 673001. , PIN -673001 3THE INCOME TAX OFFICERWARD 2(1), THRISSUR, OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, SAKTHANTHAMPURAN NAGAR, THRISSUR - 680001.WARD 2(1), THRISSUR, OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, SAKTHANTHAMPURAN NAGAR, THRISSUR - 680001. BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON26.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner is a Primary Agricultural Credit Society registered under theCo-operative Societies Act, 1969. Ext.P1 order of assessment was issued againstthe petitioner on 24.9.2022. In the assessment order, petitioner's claim fordeduction under Section 80P was rejected on the ground that there was noevidence to show that petitioner satisfied the ingredients of the PrimaryAgricultural Credit Society as contemplated under the Co-operative SocietiesAct. 2. While assailing the assessment order before the 1[st] respondent,petitioner has sought to canvass that the judgment of the Supreme Court inMavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax, Calicut and Others [2021 (1) KLT 485] was not considered bythe assessing officer, though the assessment order was rendered subsequent tothe Supreme Court Judgment. 3. Since the petitioner has already preferred an appeal as Ext.P4 and the same is pending consideration before the 1[st] respondent, I deem it fit that thiswrit petition be disposed of directing the Appellate Authority to consider theappeal in a time bound manner. 4. Accordingly, there will be a direction to the 1[st] respondent to considerand pass appropriate orders on Ext.P4, as expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shall be initiated pursuant to Ext.P1 assessment order. The writ petition is disposed of as above. okb/ Sd/- GOPINATH P.JUDGE //True copy// P.S. to Judge APPENDIX OF WP(C) 33846/2022 PETITIONER EXHIBITSExhibit P1 Exhibit P1EXHIBIT-P1: TRUE COPY OF THE ASSESSMENT ORDERFOR THE ASSESSMENT YEAR 2020-2021 ISSUED BY THE 1ST RESPONDENT DATED 24/09/2022Exhibit P2EXHIBIT-P2: TRUE COPY OF THE DEMAND NOTICE DATED 24/09/2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P3EXHIBIT-P3: TRUE COPY OF THE STAY PETITION DATED 12/10/2022 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. Exhibit P4EXHIBIT-P4: TRUE COPY OF THE APPEAL DATED 13/10/2022 FILED BY THE PETITIONER BEFORE THE1ST RESPONDENT. Exhibit P5EXHIBIT-P5: TRUE COPY OF THE ACKNOWLEDGEMENT OF RECEIPT OF FORM SHOWING THE DATE OF FILINGAS 13/10/2022 Exhibit P6EXHIBIT-P6 - TRUE COPY OF THE JUDGMENT IN W.A.NO.1536 OF 2019 DATED 1/7/2019 Exhibit P7EXHIBIT-P7 - TRUE COPY OF THE JUDGMENT IN W.P(C) NO.14282/2021 DATED 19/7/2021 Exhibit P8EXHIBIT P8:- THE TRUE COPY OF THE JUDGMENT INW.P(C) NO. 22073/2021 DATED 13-10-2021 OF THIS COURT