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 MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 19 DAY OF APRIL 2024 / 30TH CHAITHRA, 1946 WP(C) NO. 16080 OF 2024 PETITIONER/S: TRIVANDRUM DISTRICT MERCANTILE CO-OPERATIVE SOCIETY LTD.,NO.1733, TC 24/1082(1), SHAMEES BUILDING, W & C HOSPITAL LANE, THYCAUD P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, BINDU PAULOSE,AGED 47 YEARS, D/O.LATE A.V. PAULOSE,MADATHIVILAYIL HOUSE, ARANGALLU, KARAKULAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695014BY ADVS.BABU S. NAIRSMITHA BABU RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX (APPEALS),NATIONAL FACELESS ASSESSMENT CENTER, ROOM NO.356,CR BUILDING, I.P. ESTATE, NEW DELHI, PIN - 110002NATIONAL FACELESS ASSESSMENT CENTER, ROOM NO.356,CR BUILDING, I.P. ESTATE, NEW DELHI, PIN - 110002 2THE INCOME TAX OFFICER/ASSESSING OFFICER,NATIONAL FACELESS ASSESSMENT CENTER, ROOM NO.356,CR BUILDING, I.P. ESTATE, NEW DELHI, PIN - 110002BY ADVS.NATIONAL FACELESS ASSESSMENT CENTER, ROOM NO.356,CR BUILDING, I.P. ESTATE, NEW DELHI, PIN - 110002BY ADVS. CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT P.R.AJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.04.2024, 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.P2 order of assessment was issued against the petitioner on15.03.2024. 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.P4 and the same is pending consideration before the 1[st]respondent, I deem it fit that this writ petition can be disposed ofdirecting the Appellate Authority to consider the appeal in a timebound manner. WP(C) NO. 16080 OF 2024 3 4. Accordingly, there will be a direction to the 1[st]respondent to consider and pass appropriate orders on Ext.P4, asexpeditiously as possible, at any rate, within a period of twomonths from the date of receipt of a certified copy of thisjudgment. 5. Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuant to Ext.P2 assessmentorder . The writ petition is disposed of as above. Sd/- SHOBA ANNAMMA EAPENJUDGE WP(C) NO. 16080 OF 2024 4 APPENDIX OF WP(C) 16080/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 A TRUE COPY OF THE ACKNOWLEDGMENT OF RETURNOF INCOME FILED BY THE PETITIONER FOR THEASSESSMENT YEAR 2018-19, DATED, 17-9-2022 A TRUE COPY OF THE ASSESSMENT ORDER ISSUED BYTHE 2ND RESPONDENT DATED, 15-3-2024 A TRUE COPY OF THE DEMAND NOTICE ISSUED TOTHE PETITIONER BY THE 2ND RESPONDENT DATED,15-3-2024 A TRUE COPY OF THE APPEAL FILED BY THEPETITIONER BEFORE THE FIRST RESPONDENT DATED,2-4-2024 A TRUE COPY OF THE APPLICATION FOR STAY FILEDBY THE PETITIONER TO STAY THE DEMAND PURSUANTTO THE ASSESSMENT ORDER, DATED, 1-4-2024