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 Rendering Theassessment Itself As Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2 DAY OF NOVEMBER 2022 / 11TH KARTHIKA, 1944WP(C) NO. 34981 OF 2022 PETITIONER/S: THE PANACHIKKADU REGIONAL SERVICE CO-OPERATIVE BANK LTDAGED 53 YEARSNO.3959, CHANNANIKKADU.PO, KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY. , PIN - 686533 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 OFFICERINCOME TAX/INCOME TAX OFFICER NATIONAL E-ASSESSMENT CENTRE, NEW DELHI, PIN - 110001 3THE INCOME TAX OFFICERWARD (3), KOTTAYAM ., PIN - 686001WARD (3), KOTTAYAM ., PIN - 686001 BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2022, 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 petitioneron 23.09.2022. 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 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 rendering theassessment itself as incorrect. 3. Since the petitioner has already preferred an appeal asExt.P2 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. 34981 OF 2022 3 4. Accordingly, there will be a direction to the 1[st]respondent to consider and pass appropriate orders on Ext.P2as expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shallbe initiated against the petitioner pursuant to Ext.P1assessment order. The writ petition is disposed of as above. ajt sd/- GOPINATH P.JUDGE WP(C) NO. 34981 OF 2022 4 APPENDIX OF WP(C) 34981/2022 PETITIONER EXHIBITS Exhibit P1COPY OF THE ASSESSMENT ORDER DATED 23.09.2022ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 200-21. Exhibit P2 TRUE COPY OF THE APPEAL MEMORANDUM DATED 18.10.2022 FILED BY THE PETITIONER BEFORE THE1ST RESPONDENT IN RESPECT OF THE ASSESSMENT 2020-21. Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 14.07.2022 INWP(C).NO. 22847 OF 2022 RENDERED BY THIS HON'BLE COURT