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 Incometax; 2021 (1) Klt 485 Now Governs The Field Thereby Rendering The Assessmentitself As Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 14 DAY OF NOVEMBER 2022 / 23RD KARTHIKA, 1944 WP(C) NO. 36353 OF 2022 PETITIONER: THE THRICKODITHANAM SERVICE CO-OPERATIVE BANK LIMITEDAGED 39 YEARSTHRICKODITHANAM SERVICE CO-OPERATIVE BANK LIMITED NO. 178, THRICKODITHANAM.P.O., CHENGANACHERRY, KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY., PIN - 686105 BY ADV O.D.SIVADAS RESPONDENTS: 1THE NATIONAL FACELESS APPEAL CENTRE NEW DELHI, REPRESENTED BY THEPRINCIPAL CHIEF COMMISSIONER,, PIN - 1100012THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF INCOME TAX/INCOME TAX OFFICERNATIONAL E-ASSESSMENT CENTRE, NEW DELHI, PIN - 1100013THE INCOME TAX OFFICER, AYKAR BHAVAN, WARD (4), PATHANAMTHITTA, PIN - 689101BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON14.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T Petitioner is a Primary Agricultural Credit Society registered under the KeralaCo-operative Societies Act, 1969. Ext.P1 order of assessment was issued against thepetitioner. In the assessment order, petitioner's claim for deduction under Section80P was rejected on the ground that there was no evidence to show that petitionersatisfied the ingredients of the Primary Agricultural Credit Society as contemplatedunder the Kerala Co-operative Societies Act. 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 Ltd. v. Commissioner of IncomeTax; 2021 (1) KLT 485 now governs the field thereby rendering the assessmentitself as incorrect. 3.Since the petitioner has already preferred an appeal as Ext.P2 and thesame is pending consideration before the National Faceless Appeal Centre (1[st]respondent), I deem it fit that this writ petition be disposed of directing the 1[st]respondent to consider the appeal in a time bound manner. 4.Accordingly, there will be a direction to the 1[st] respondent to considerand pass appropriate orders on Ext.P2, as expeditiously as possible within a periodof 2 months from the date of receipt of a copy of this judgment.. 5. Till the disposal of the appeal, no coercive steps shall be initiatedagainst the petitioner pursuant to Exts.P1. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE APPENDIX OF WP(C) 36353/2022 PETITIONER EXHIBITS Exhibit P1TRUE COPY OF THE DEMAND NOTICE ALONG WITH ASSESSMENT ORDER DATED 19.09.2022 ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2020-21. ORDER DATED 19.09.2022 ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2020-21. Exhibit P2TRUE COPY OF THE APPEAL MEMORANDUM DATED 6.10.2022 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN RESPECT OF THE ASSESSMENT 2020-21. FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN RESPECT OF THE ASSESSMENT 2020-21. Exhibit P3TRUE COPY OF THE JUDGMENT DATED 14.07.2022 IN WP(C).NO. 22847 OF 2022 RENDERED BY THIS HON'BLE COURT WP(C).NO. 22847 OF 2022 RENDERED BY THIS HON'BLE COURT