While Assailing The Assessment Order Before The 1[St] Respondent,Petitioner Has Sought To Canvass That The Judgment Of The Supreme Court Inmavilayi Service Coop v. Commissioner Of Incometax; 2021 (1) Klt 485 Was Not Considered By The Assessing Officer Though Theassessment Order Was Rendered Subsequent To The Supreme Court

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 25 DAY OF JULY 2024 / 3RD SRAVANA, 1946 WP(C) NO. 26537 OF 2024 PETITIONER/S: THE PAZHUVIL SERVICE CO-OPERATIVE BANK NO.126,PAZHUVIL WEST, THRISSUR , REPRESENTED BY ITS SECRETARY,PIN - 680564 BY ADV P.C.SASIDHARAN RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX (APPEALS),NATIONAL FACELESS APPEAL CENTRE, ROOM NO. 356, C.R. BUILDING, IP ESTATE, DELHI, PIN - 110002NATIONAL FACELESS APPEAL CENTRE, ROOM NO. 356, C.R. BUILDING, IP ESTATE, DELHI, PIN - 110002 2THE PRINCIPAL COMMISSIONER OF INCOME TAX,O/O. THE PRINCIPAL COMMISSIONER OF INCOME TAX, AYAKARBHAVAN, MANANCHIRA, KOZHIKODE, KERALA, PIN - 673001O/O. THE PRINCIPAL COMMISSIONER OF INCOME TAX, AYAKARBHAVAN, MANANCHIRA, KOZHIKODE, KERALA, PIN - 673001 3THE INCOME TAX OFFICER,WARD IIAAYAKARBHAVAN, SAKTHANTHAMPURAN NAGAR, MUNICIPALOFFICE ROAD, THRISSUR, KERALA, PIN - 680001WARD IIAAYAKARBHAVAN, SAKTHANTHAMPURAN NAGAR, MUNICIPALOFFICE ROAD, THRISSUR, KERALA, PIN - 680001 SRI. P.R. AJITHKUMAR, SC, INCOME TAX DEPARTMENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON25.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T Petitioner is a Co-operative Society registered under the Kerala Co-operativeSocieties Act, 1969. Exhibit P1 order of assessment was issued against the petitioneron 23-03-2024. In the assessment order, petitioner's claim for deduction wasrejected on the ground that the income of the petitioner is not eligible for deductionunder Section 80P of the Income Tax 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 Cooperative Bank Ltd. v. Commissioner of IncomeTax; 2021 (1) KLT 485 was not considered by the assessing officer though theassessment order was rendered subsequent to the Supreme Court Judgment. 3. Since the petitioner has already preferred an appeal as Ext.P3 and thesame is pending consideration before the 1[st] respondent, I deem it fit that this writpetition be disposed of directing the Appellate Authority to consider the appeal in atime bound manner. 4. Accordingly, there will be a direction to the 1[st] respondent to considerand pass appropriate orders on Ext.P3, as expeditiously as possible. 5.Till the disposal of the appeal, no coercive steps shall be initiatedagainst the petitioner pursuant to Ext.P2 demand notice. The writ petition isdisposed of as above. AMG Sd/-GOPINATH P. JUDGE APPENDIX OF WP(C) 26537/2024 PETITIONER EXHIBITS Exhibit P1THE TRUE COPY OF THE ASSESSMENT ORDER DURING THEASSESSMENT YEAR 2022-2023DATED 23-03-2024ASSESSMENT YEAR 2022-2023DATED 23-03-2024 Exhibit P2THE TRUE COPY OF THE DEMAND NOTICE DATED 23-03-2024 Exhibit P3THE TRUE COPY OF THE APPEAL DATED 18/04/2024 Exhibit P4THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OFINCOME TAX FORMS SHOWING THE FILING OF THE APPEALON 18/04/2024INCOME TAX FORMS SHOWING THE FILING OF THE APPEALON 18/04/2024 Exhibit P5THE TRUE COPY OF THE STAY PETITION DATED 16/04/2024FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENTFILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P6THE TRUE COPY OF THE JUDGMENT IN W.A.NO.1536 OF2019 DATED 1/7/20192019 DATED 1/7/2019 Exhibit P7THE TRUE COPY OF THE JUDGMENT IN W.P(C)NO.14282/2021 DATED 19/7/2021NO.14282/2021 DATED 19/7/2021 Exhibit P8THE TRUE COPY OF THE JUDGMENT IN W.P(C) NO.34067/2022 DATED 27/10/202234067/2022 DATED 27/10/2022