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 24 DAY OF AUGUST 2022 / 2ND BHADRA, 1944WP(C) NO. 27356 OF 2022 PETITIONER/S: THE ARTHAT ANJOOR SERVICE CO-OPERATIVE SOCIETY LTD. NO.R.106R.106 P.O. ARTHAT, THRISSUR - 680 521 REPRESENTED BY ITS SECRETARY., PIN - 680521BY ADV P.C.SASIDHARAN RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE, ROOM NO.356 C.R. BUILDINGS, IP ESTATE, DELHI- 110 002., PIN - 110002NATIONAL FACELESS APPEAL CENTRE, ROOM NO.356 C.R. BUILDINGS, 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 I & TPS, INCOME TAX OFFICE, CITY PLAZA, WEST NADA,GURUVAYOOR- 680 101., PIN - 680101WARD I & TPS, INCOME TAX OFFICE, CITY PLAZA, WEST NADA,GURUVAYOOR- 680 101., PIN - 680101 BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON24.08.2022, 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 for the year 2015-16 was issuedagainst the petitioner on 23.03.2022. In the assessment order,petitioner's claim for deduction under Section 80P was rejectedon the ground that there was no evidence to show thatpetitioner satisfied the ingredients of the Primary AgriculturalCredit Society as contemplated under the Kerala Co-operativeSocieties 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.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. ajt 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 shall beinitiated against the petitioner pursuant to Ext.P1 assessmentorder and Ext.P2 demand notice. The writ petition is disposed of as above. sd/- GOPINATH P.JUDGE APPENDIX OF WP(C) 27356/2022 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3Exhibit P4 Exhibit P5Exhibit P6 Exhibit P7 THE TRUE COPY OF THE ASSESSMENT ORDER DATED 23/03/2022 THE TRUE COPY OF THE DEMAND NOTICE FOR THE ASSESSMENT YEAR 2008-2009 DATED 23.03.2022 THE TRUE COPY OF THE APPEAL DATED 03/08/2022 THE TRUE COPY OF THE ACKNOWLEDGMENT OF RECEIPT OF FORM SHOWING THE DATE OF FILING AS03/08/2022 THE TRUE COPY OF THE STAY PETITION DATED 22-08-2022 THE TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 14282/2021 DATED 19/07/2021 OF THIS HONOURABLE COURT THE TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 14314/2022 DATED 22-04-2022