While Assailing The Assessment Order Before The 2[Nd]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. TUESDAY, THE 26 DAY OF JULY 2022 / 4TH SRAVANA, 1944WP(C) NO. 23965 OF 2022 PETITIONER/S: THE PERINGANAD SERVICE CO-OPERATIVE BANK LIMITED NO. 2706 , PERINGAND.P.O., ADOOR, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS SECRETARY., PIN - 691528BY ADV O.D.SIVADAS RESPONDENT/S: 1THE NATIONAL FACELESS APPEAL CENTRE NEW DELHI, REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER, PIN - 110001 2THE COMMISSIONER OF INCOME TAX, (APPEALS) AYAKAR BHAVAN, THIRUVANANTHAPURAM, , PIN - 695001 3THE INCOME TAX OFFICER WARD NO. 2, AYAKAR BHAVAN, KOLLAM. , PIN - 691001 BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALASRI. CHRISTOPHER ABRAHAM- SCSRI. CHRISTOPHER ABRAHAM- SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON26.07.2022, 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 04.12.2019. 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 2[nd]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 the2[nd] respondent, I deem it fit that this writ petition be disposedof directing the Appellate Authority to consider the appeal ina time bound manner. WP(C) NO. 23965 OF 2022 3 4. Accordingly, there will be a direction to the 1[st]respondent to consider and pass appropriate orders onExt.P3, as expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shallbe initiated against the petitioner pursuant to Ext.P1assessment order and Exts.P2 and P4 demand notices. The writ petition is disposed of as above. sd/- ajt GOPINATH P.JUDGE APPENDIX OF WP(C) 23965/2022 PETITIONER EXHIBITSExhibit. P1 Exhibit P2 Exhibit P3 Exhibit P4 TRUE COPY OF THE ASSESSMENT ORDER DATED 04.12.2019 ISSUED BY THE 3RD RESPONDENT FOR THE ASSESSMENT YEAR 2017-18. TRUE COPY OF THE NOTICE DATED 4.12.2019 ISSUED BY THE 3RD RESPONDENT OF UNDER SECTION156 OF THE INCOME TAX ACT FOR ASSESSMENT YEAR2017-18. TRUE COPY OF THE APPEAL DATED 13.12.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2017-18. TRUE PROCEEDING DATED 27.06.2022 ISSUED BY THE 3RD RESPONDENT DEMANDING THE DISPUTED TAX.