While Assailing The Assessment Order Before The 1[St]Respondent, Petitioner Has Sought To Canvas That Thejudgment Of The Supreme Court In Mavilayi Service Co-Op v. Commissioner Ofincome Tax And Another [2021 (1) Klt 485] Now Governs Thefield Thereby Rendering The Assessment Itself As Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 23 DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, 1944WP(C) NO. 37488 OF 2022 PETITIONER: THE AMBALLUR SERVICE CO-OPERATIVE BANK LTD NO. 503,MANNAMPETTA, P.O. VARAKKARA, ALAGAPPANAGAR, THRISSUR - 680 302, REPRESENTED BY ITS SECRETARY. BY ADV P.C.SASIDHARAN RESPONDENTS: 1THE COMMISSIONER OF INCOME TAX (APPEALS),NATIONAL FACELESS APPEAL CENTRE, DELHI – 110 001. 2THE PRINCIPAL COMMISSIONER OF INCOME TAX,O/O THE PRINCIPAL COMMISSIONER OF INCOME TAX, AYAKAR BHAVAN, MANACHIRA, KOZHIKODE, KERALA – 673 001. O/O THE PRINCIPAL COMMISSIONER OF INCOME TAX, 3THE INCOME TAX OFFICERTHRISSUR-680 001. WARD 2(1), THRISSUR, OFFICE OF THE INCOME TAX OFFICER, BY ADV CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON23.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Co-operative Societies Act, 1969.Ext.P1 order of assessment was issued against the petitioner on30.09.2022. In the assessment order, petitioner's claim fordeduction under Section 80P was rejected on the ground thatthere was no evidence to show that petitioner satisfied theingredients of the Primary Agricultural Credit Society ascontemplated under the Kerala Co-operative Societies Act. 2. While assailing the assessment order before the 1[st]respondent, petitioner has sought to canvas that thejudgment of the Supreme Court in Mavilayi Service Co-operative Bank Ltd. and others v. Commissioner ofIncome Tax and another [2021 (1) KLT 485] now governs thefield thereby rendering the assessment itself as incorrect. 3. Since the petitioner has already preferred an appeal asExt.P3 and the same is pending consideration before the 1[st]respondent, I deem it fit that this writ petition be disposed ofdirecting the Appellate Authority to consider the appeal in atime bound manner. WP(C) NO. 37488 OF 2022 3 4. Accordingly, there will be a direction to the 1[st]respondent to consider and pass appropriate orders on Ext.P3,as expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuant to Ext.P1 assessmentorder. The writ petition is disposed of as above. DK Sd/- GOPINATH P. JUDGE APPENDIX OF WP(C) 37488/2022 PETITIONER EXHIBITS Exhibit P1THE TRUE COPY OF THE ASSESSMENT ORDER DURING THE ASSESSMENT YEAR 2020-2021 DATED 30/09/2022 Exhibit P2THE TRUE COPY OF THE DEMAND NOTICE DATED 30/09/2022 Exhibit P3 THE TRUE COPY OF THE APPEAL DATED 26/10/2022 PREFERRED BEFORE THE FIRST RESPONDENT Exhibit P4 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF INCOME TAX FORMS SHOWING THEFILING OF THE APPEAL ON 26/10/2022 Exhibit P5 THE TRUE COPY OF THE STAY PETITION DATED 25/10/2022 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN W.A.NO.1536 OF 2019 DATED 1/7/2019 Exhibit P7 THE TRUE COPY OF THE JUDGMENT IN W.P(C)NO.14282/2021 DATED 19/7/2021 Exhibit P8THE TRUE COPY OF THE JUDGMENT IN W.P(C)NO. 34067/2022 DATED 27/10/2022