While Assailing The Assessment Order Before The 3[Rd] Respondent,Petitioner Has Sought To Canvass That The Judgment Of The Supreme Court Inmavilayi Service Coop v. Commissioner Of Incometax; 2021 (1) Klt 485 Was Not Considered By The Assessing Officer Though Theassessment Order Was Rendered Subsequent To The Supreme Court

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 19 DAY OF JULY 2024 / 28TH ASHADHA, 1946WP(C) NO. 25905 OF 2024 PETITIONER/S: THE KAZHAKUTTAM SERVICE CO-OPERATIVE BANK LTD. NO.1457,REPRESENTED BY ITS SECRETARY, KAZHAKUTTAM P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695582 BY ADVS.ARJUN RAGHAVANT.R.HARIKUMARPOOJA PANKAJ RESPONDENT/S: 1THE ASSESSMENT UNIT, INCOME TAX DEPARTMENT NATIONAL FACELESS ASSESSMENT CENTRE,FACELESS ASSESSMENT CENTRE, DELHI, ROOM NO 401, 2ND FLOOR, E-RAMP, JAWAHARLAL NEHRUSTADIUM, DELHI, PIN - 110003STADIUM, DELHI, PIN - 110003 2THE INCOME TAX OFFICER,WARD-2 (1), OFFICE OF THE INCOME TAX OFFICER, AAYAKAR WARD-2 (1), OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, KOWDIAR P.O, THIRUVANANTHAPURAM DISTRICT, PIN -695003695003 3THE COMMISSIONER OF INCOME TAX (APPEALS),NATIONAL FACELESS APPEAL CENTRE, NORTH BLOCK, DELHI, PIN - 110001NATIONAL FACELESS APPEAL CENTRE, NORTH BLOCK, DELHI, PIN - 110001 OTHER PRESENT: SRI. JOSE JOSEPH (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T Petitioner is a Co-operative Society registered under the Kerala Co-operativeSocieties Act, 1969. Exhibit P1 order of assessment was issued against the petitioneron 15-03-2024. In the assessment order, petitioner's claim for deduction wasrejected on the ground that the income of the petitioner is not eligible for deductionunder Section 80P of the Income Tax Act. 2. While assailing the assessment order before the 3[rd] respondent,petitioner has sought to canvass that the judgment of the Supreme Court inMavilayi Service Cooperative Bank Ltd. v. Commissioner of IncomeTax; 2021 (1) KLT 485 was not considered by the assessing officer though theassessment order was rendered subsequent to the Supreme Court Judgment. 3. Since the petitioner has already preferred an appeal as Ext.P2 and thesame is pending consideration before the 3[rd] respondent, I deem it fit that this writpetition be disposed of directing the Appellate Authority to consider the appeal in atime bound manner. 4. Accordingly, there will be a direction to the 3[rd] respondent to considerand pass appropriate orders on Ext.P2, as expeditiously as possible. 5.Till the disposal of the appeal, no coercive steps shall be initiatedagainst the petitioner pursuant to Ext.P1. The writ petition is disposed of as above. AMG Sd/-GOPINATH P. JUDGE APPENDIX OF WP(C) 25905/2024 PETITIONER EXHIBITS Exhibit-P1A TRUE COPY OF ASSESSMENT ORDER DATED 15-03-2024,ALONG WITH DEMAND NOTICE AND COMPUTATION STATEMENTFOR THE ASSESSMENT YEAR 2022-2023 ISSUED BY THE 1STRESPONDENTALONG WITH DEMAND NOTICE AND COMPUTATION STATEMENTFOR THE ASSESSMENT YEAR 2022-2023 ISSUED BY THE 1STRESPONDENT Exhibit-P2A TRUE COPY OF THE ONLINE APPEAL DATED 17-05-2024FILED AGAINST EXT-P1 ASSESSMENT ORDER BEFORE THE 3RDRESPONDENT, ALONG WITH STATEMENT OF FACTS ANDGROUNDS OF APPEALFILED AGAINST EXT-P1 ASSESSMENT ORDER BEFORE THE 3RDRESPONDENT, ALONG WITH STATEMENT OF FACTS ANDGROUNDS OF APPEAL Exhibit-P3A TRUE COPY OF THE STAY PETITION DATED 17-05-2024,FILED IN EXT-P2 APPEALFILED IN EXT-P2 APPEAL Exhibit-P4A TRUE COPY OF THE ACKNOWLEDGMENT DATED 17-05-2024Exhibit-P5A TRUE COPY OF THE JUDGMENT DATED 19-07-2019 IN W.ANO.1639 OF 2019 OF THIS HON'BLE COURTExhibit-P5A TRUE COPY OF THE JUDGMENT DATED 19-07-2019 IN W.ANO.1639 OF 2019 OF THIS HON'BLE COURT Exhibit-P6A TRUE COPY OF THE JUDGMENT DATED 14-01-2022 INWP(C) NO.30579 OF 2021 OF THIS HON'BLE COURTWP(C) NO.30579 OF 2021 OF THIS HON'BLE COURT Exhibit-P7A TRUE COPY OF JUDGMENT DATED 23-02-2022 IN WP(C)NO.6109 OF 2022NO.6109 OF 2022 Exhibit-P8A TRUE COPY OF JUDGMENT DATED 05-09-2023 IN WP(C)NO.29098 OF 2023NO.29098 OF 2023