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. WEDNESDAY, THE 11 DAY OF JANUARY 2023 / 21ST POUSHA, 1944WP(C) NO. 765 OF 2023 PETITIONER/S: BHARANIKKAVU SERVICE CO OPERATIVE BANK LTDBHARANIKAVU, PALLICKAL P.OMAVELIKKARA, ALAPPUZHA,REPRESENTED BY ITS SECRETARY- JAYAPRAKASH K S, PIN - 690503BY ADVS.R.JAIKRISHNANARAYANI HARIKRISHNANC.S.ARUN SHANKARANISH P. RESPONDENT/S: 1INCOME TAX OFFICERWARD 1 AND TPS,INCOME TAX OFFICE, OFFICE OF ADDL CIT, THIRUVALLA RANGE, T K ROAD, THIRUVALLA, PATHANAMTHITTA, PIN - 6891012COMMISSIONER INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTER (NFAC)INCOME TAX DEPARTMENT NORTH BLOCK, NEW DELHI, PIN - 110001 ADV. JOSE JOSEPH (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 765 OF 2023 2 JUDGMENT Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Co-operative Societies Act,1969. Ext.P1 order of assessment was issued against thepetitioner on 29.12.2019. In the assessment order,petitioner's claim for deduction under Section 80P wasrejected on the ground that there was no evidence to showthat petitioner satisfied the ingredients of the PrimaryAgricultural Credit Society as contemplated under theKerala 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 bedisposed of directing the Appellate Authority to consider theappeal in a time bound manner. WP(C) NO. 765 OF 2023 3 4. Accordingly, there will be a direction to the 2[nd]respondent to consider and pass appropriate orders onExt.P3, as expeditiously as possible. 5. Till the disposal of the appeal, no coercive stepsshall be initiated against the petitioner pursuant to Ext.P1assessment order and Ext.P2 demand notice. The writ petition is disposed of as above. ajt sd/-GOPINATH P.JUDGE PETITIONER EXHIBITSExhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 APPENDIX OF WP(C) 765/2023 TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT DATED 29.12.2019TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED 29.12.2019 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER DATED 23.1.2020 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 13.12.2022 TRUE COPY OF THE COVERING LETTER ALONG WITH THE STAY PETITION FILED BY THE PETITIONER DATED 19.12.2012 TRUE COPY OF THE ACKNOWLEDGEMENT EVIDENCING SUBMISSION OF STAY PETITION DATED 20.12.2022TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) 37579/2022 DATED 24.11.2022