While Assailing The Assessment Order Before The 1[St]Respondent, Petitioner Has Sought To Canvass That Thejudgment Of The Supreme Court In Mavilayi Service Co-O v. Commissioner Of Income Tax[2021 (1) Klt 485] Now Governs The Field Thereby Renderingthe Assessment Itself As Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 8 DAY OF DECEMBER 2022 / 17TH AGRAHAYANA, 1944 WP(C) NO. 39632 OF 2022 PETITIONER/S: THE CHAMPAKARA SERVICE CO-OPERATIVE SOCIETYAGED 36 YEARS LTD NO. R. 3511, H.O.KARUKACHAL, KOTTAYAM DISTRICT,REPRESENTED BY ITS SECRETARY - 686539 BY ADV O.D.SIVADAS RESPONDENT/S: 1THE NATIONAL FACELESS APPEAL CENTRE, NEW DELHI, REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER, PIN - 110001 2THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER, INCOME TAX/INCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE, NEW DELHI 100 001 3THE INCOME TAX OFFICER, WARD (4), WARD 1 & TPS, THIRUVALLA., PIN - 689101 BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA ADV. CHRISTOPHER ABRAHAM (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON08.12.2022, 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 thepetitioner on 21.09.2022. In the assessment order,petitioner's claim for deduction under Section 80P wasrejected on the ground that there was no evidence to showthat petitioner satisfied the ingredients of the PrimaryAgricultural Credit Society as contemplated under theKerala Co-operative Societies Act. 2. While assailing the assessment order before the 1[st]respondent, petitioner has sought to canvass that thejudgment of the Supreme Court in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax[2021 (1) KLT 485] now governs the field thereby renderingthe assessment itself as incorrect. 3. Since the petitioner has already preferred an appealas Ext.P3 and the same is pending consideration before the1[st] respondent, I deem it fit that this writ petition bedisposed of directing the Appellate Authority to consider theappeal in a time bound manner. WP(C) NO. 39632 OF 2022 3 4. Accordingly, there will be a direction to the 1[st]respondent to consider and pass appropriate orders onExt.P3, as expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shallbe initiated against the petitioner pursuant to Ext.P1assessment order and Ext.P4 demand notice. The writ petition is disposed of as above. ajt sd/-GOPINATH P.JUDGE APPENDIX OF WP(C) 39632/2022 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 COPY OF THE ASSESSMENT ORDER DATED 21.09.2022ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2020-21. TRUE COPY OF THE DEMAND NOTICE DATED 21.09.2022 ISSUED BY THE 2ND RESPONDENT DEMANDING TAX. TRUE COPY OF THE APPEAL FILED DATED 21.10.2022 BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE THE PERIOD 2020-21. TRUE COPY OF THE NOTICE DATED 17.11.2022 ISSUED BY THE 3RD RESPONDENT DEMANDING TAX. TRUE COPY OF THE JUDGMENT DATED 16.11.2022 INWP(C).NO. 36616 OF 2022 RENDERED BY THIS HON'BLE COURT.