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 ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 21 DAY OF JUNE 2022 / 31ST JYAISHTA, 1944WP(C) NO. 20067 OF 2022 PETITIONER: THE KUDAMALOOR SERVICE CO-OPERATIVE BANK LTD NO.93., KUDAMALOOR.P.O., KOTTAYAM DISTRICT,REPRESENTED BY ITS SECRETARY. BY ADV O.D.SIVADAS RESPONDENTS: 1COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, KOTTAYAM., PIN -686 001. 2THE INCOME TAX OFFICER, WARD NO. 2, KOTTAYAM, PIN 686 001. OTHER PRESENT: SRI. JOSE JOSEPH (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 21.06.2022, THE COURT ON THE SAME DAYDELIVERED 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 on21.12.2019. 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 as Ext.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. W.P.(C) No.20067/2022 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 beinitiated against the petitioner pursuant to Ext.P1 assessmentorder. The writ petition is disposed of as above. Sd/-GOPINATH P. JUDGE GOPINATH P. ats APPENDIX OF WP(C) 20067/2022 PETITIONER EXHIBITS EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER DATED 21.12.2019 ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2017-18. 21.12.2019 ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2017-18. EXHIBIT P2TRUE COPY OF THE NOTICE DATED 21.12.2019 ISSUED BY THE 2ND RESPONDENT OF UNDER SECTION156 OF THE INCOME TAX ACT FOR ASSESSMENT YEAR2017-18. EXHIBIT P3TRUE COPY OF THE APPEAL DATED 22.01.2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2017-18.FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2017-18. EXHIBIT P4TRUE COPY OF THE JUDGMENT DATED 7.05.2022 IN WP(C).NO. 17199 OF 2022 RENDERED BY THIS HON'BLE COURT.WP(C).NO. 17199 OF 2022 RENDERED BY THIS HON'BLE COURT.