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 27 DAY OF OCTOBER 2022 / 5TH KARTHIKA, 1944WP(C) NO. 34067 OF 2022 PETITIONER/S: THE NATTIKA SERVICE CO-OPERATIVE BANK LTD NO.R.308P.O.NATTIKA, THRISSUR - 680566, REPRESENTED BY ITS SECRETARY., PIN - 680566BY 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- 110 002., PIN - 110002NATIONAL 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 1 & TPS, CITY PLAZA, INCOME TAX OFFICE, WEST NADA,GURUVAYOOR, KERALA - 680 101., PIN - 680101BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON27.10.2022, 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 petitioneron 30.08.2022. 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 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 the 1[st]respondent, I deem it fit that this writ petition be disposed of,directing the Appellate Authority to consider the appeal in atime bound manner. WP(C) NO. 34067 OF 2022 3 4. Accordingly, there will be a direction to the 1[st]respondent to consider and pass appropriate orders on Ext.P3as expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shallbe initiated against the petitioner pursuant to Ext.P3assessment order. The writ petition is disposed of as above. ajt sd/-GOPINATH P.JUDGE WP(C) NO. 34067 OF 2022 4 APPENDIX OF WP(C) 34067/2022 PETITIONER EXHIBITSExhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7Exhibit P8 EXHIBIT-P1: TRUE COPY OF THE ASSESSMENT ORDERDATED 30/08/2022 FOR THE ASSESSMENT YEAR 2020-2021 ISSUED BY THE 1ST RESPONDENT. EXHIBIT-P2: TRUE COPY OF THE DEMAND NOTICE DATED 30/08/2022 ISSUED BY THE 1ST RESPONDENT. EXHIBIT-P3: TRUE COPY OF THE APPEAL DATED 29/9/2022 PREFERRED BEFORE THE 1ST RESPONDENTBY THE PETITIONER EXHIBIT-P4:TRUE COPY OF THE ACKNOWLEDGEMENT OF RECEIPT OF FORM SHOWING THE DATE OF FILINGAS 29/9/2022 EXHIBIT-P5: TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER DATED 29/9/2022 EXHIBIT-P6: TRUE COPY OF THE JUDGMENT DATED 1/7/2019 IN W.A.1536 OF 2019 EXHIBIT P7:- TRUE COPY OF THE JUDGMENT IN W.P(C) NO.22073/2021 DATED 13/10/2021EXHIBIT P8:- TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 24804/2021 DATED 11-11-2021