While Assailing The Assessment Order Before The 2Ndrespondent, Petitioner Has Sought To Canvass That Thejudgment Of The Supreme Court In Mavilayi Service Co-Ope v. Since The Petitioner Has Already Preferred An Appeal As Ext.p3

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 27 DAY OF JANUARY 2022 / 7TH MAGHA, 1943WP(C) NO. 29980 OF 2021 PETITIONER: THURAVOOR SERVICE CO-OPERATIVE BANK LTD.NO.E-69THURAVOOR P.O., ANGAMALI, ERNAKULAM-683572, REPRESENTED BY ITS SECRETARY.BY ADV C.A.JOJO RESPONDENTS: 1THE INCOME TAX OFFICERWARD-(3), ALUVA P.O., R.S.ROAD, KOCHI-683101.WARD-(3), ALUVA P.O., R.S.ROAD, KOCHI-683101. 2COMMISSIONER OF INCOME TAX (APPEALS),NATIONAL FACELESS APPEAL CENTRE, NEW DELHI-110001.NATIONAL FACELESS APPEAL CENTRE, NEW DELHI-110001. 3COMMISSIONER OF INCOME TAX (APPEALS)-2, OFFICE OF THE COMMISSIONER OF INCOME TAX, CENTRAL REVENUE TOWER, KOCHI-682018. 4THE PRINCIPAL COMMISSIONER OF CENTRAL TAXC.R.BUILDING, I.S.PRESS ROAD, ERNAKULAM-682018.ADV.JOSE JOSEPH, SCC.R.BUILDING, I.S.PRESS ROAD, ERNAKULAM-682018.ADV.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON27.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BECHU KURIAN THOMAS, J=======================W.P.(C) No. 29980 of 2021 -------------------------------Dated this the 27th day of January, 2022 JUDGMENT Petitioner is a Primary Agricultural Credit Society registeredunder the Kerala Co-operative Societies Act, 1969. Ext.P1order of assessment was issued against the petitioner on27.12.2019. 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 Co-operative Societies Act. 2. While assailing the assessment order before the 2ndrespondent, petitioner has sought to canvass that thejudgment of the Supreme Court in Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax,Calicut and Others[2021 (1) KLT 485] governs the factualsituation arising in the case. respondent, petitioner has sought to canvass that thejudgment of the Supreme Court in Mavilayi Service Co-operative Bank and Others v. Commissioner of Income Tax,Calicut and Others[2021 (1) KLT 485] governs the factualsituation arising in the case. 3. Since the petitioner has already preferred an appeal as Ext.P3 WP(C) NO. 29980 OF 2021 and the same is pending consideration before the 2nd respondent, I deem it fit that this writ petition be disposed ofdirecting the Appellate Authority to consider the appeal in atime bound manner. 4. Accordingly, there will be a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P3, asexpeditiously as possible. expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner, pursuant to Ext.P1 assessmentorder.order. The writ petition is disposed of as above. Sd/- BECHU KURIAN THOMAS, JUDGE AMV/27/01/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ASSESSMENT ORDER AY2017-18 DATED 27.12.2019 ISSUED BY THEFIRST RESPONDENT.2017-18 DATED 27.12.2019 ISSUED BY THEFIRST RESPONDENT. Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE FOR ANAMOUNT OF RS.1,41,48,781/-U/S 156 DATED27.12.2019ISSUEDBYTHEFIRSTRESPONDENT.AMOUNT OF RS.1,41,48,781/-U/S 156 DATED27.12.2019ISSUEDBYTHEFIRSTRESPONDENT. Exhibit P3 A TRUE COPY OF THE APPEAL FOR AY 2017-18BEFORE THE 2ND RESPONDENT DATED14.01.2020.BEFORE THE 2ND RESPONDENT DATED14.01.2020. Exhibit P4 A TRUE COPY OF THE STAY PETITION FOR AY2017-18 BEFORE THE 1ST RESPONDENT U/S220(6) OF THE I.T ACT 1961 DATED14.01.2020.2017-18 BEFORE THE 1ST RESPONDENT U/S220(6) OF THE I.T ACT 1961 DATED14.01.2020. Exhibit P5 A TRUE COPY OF THE DEMAND NOTICE FORPAYMENT OF 20% DATED 24.03.2019 BY THE1ST RESPONDENT.PAYMENT OF 20% DATED 24.03.2019 BY THE1ST RESPONDENT. Exhibit P6 Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE FOR ANAMOUNT OF RS.1,41,48,781/-U/S 156 DATED27.12.2019ISSUEDBYTHEFIRSTRESPONDENT.AMOUNT OF RS.1,41,48,781/-U/S 156 DATED27.12.2019ISSUEDBYTHEFIRSTRESPONDENT. Exhibit P3 A TRUE COPY OF THE APPEAL FOR AY 2017-18BEFORE THE 2ND RESPONDENT DATED14.01.2020.BEFORE THE 2ND RESPONDENT DATED14.01.2020. Exhibit P4 A TRUE COPY OF THE STAY PETITION FOR AY2017-18 BEFORE THE 1ST RESPONDENT U/S220(6) OF THE I.T ACT 1961 DATED14.01.2020.2017-18 BEFORE THE 1ST RESPONDENT U/S220(6) OF THE I.T ACT 1961 DATED14.01.2020. Exhibit P5 A TRUE COPY OF THE DEMAND NOTICE FORPAYMENT OF 20% DATED 24.03.2019 BY THE1ST RESPONDENT.PAYMENT OF 20% DATED 24.03.2019 BY THE1ST RESPONDENT. Exhibit P6 A TRUE COPY OF THE DEMAND LETTER FORPAYMENT OF 20% OF TAX FOR AN AMOUNT OFRS.7,50,000/- DATED 17.12.2021 ISSUED BYTHE FIRST RESPONDENT.PAYMENT OF 20% OF TAX FOR AN AMOUNT OFRS.7,50,000/- DATED 17.12.2021 ISSUED BYTHE FIRST RESPONDENT. Exhibit P7A TRUE COPY OF THE JUDGMENT INWP(C)NO.21112 OF 2021 DATED 05.10.2021.WP(C)NO.21112 OF 2021 DATED 05.10.2021. RESPONDENTS EXHIBITS : NIL