While Assailing The Assessment Order Before The 3[Rd]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 The Assessmentitself As Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 29 DAY OF JUNE 2022 / 8TH ASHADHA, 1944 WP(C) NO. 21146 OF 2022 PETITIONER/S: M/S.NADAKKAL SERVICE CO-OPERATIVE BANK LTD. KALLUVATHUKKAL P.O., KOLLAM - 691 578 REPRESENTED BY ITS SECRETARY. BY ADVS. C.A.JOJO SHAFFIE THOMAS RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX(APPEALS)NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK, NEW DELHI - 110 001.NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK, NEW DELHI - 110 001. 2THE INCOME TAX OFFICER NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK, NEW DELHI - 110 001. 3INCOME TAX OFFICERWARD-4, KOLLAM, AYAKAR BHAVAN, KOLLAM - 691 001.WARD-4, KOLLAM, AYAKAR BHAVAN, KOLLAM - 691 001. SRI. JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner is a Primary Agricultural Credit Society registered under the Kerala Co-operative Societies Act, 1969. Ext.P1 order ofassessment was issued against the petitioner on 28.09.2021. In theassessment order, petitioner's claim for deduction under Section80P was rejected on the ground that there was no evidence to showthat petitioner satisfied the ingredients of the Primary AgriculturalCredit Society as contemplated under the Kerala Co-operativeSocieties Act. 2. While assailing the assessment order before the 3[rd]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 the assessmentitself as incorrect. 3. Since the petitioner has already preferred an appeal asExt.P3 and the same is pending consideration before the 1[st]respondent, I deem it fit that this writ petition be disposed ofdirecting the Appellate Authority to consider the appeal in a timebound manner. WP(C) NO. 21146 OF 2022 3 4. Accordingly, there will be a direction to the 1[st ]respondent toconsider and pass appropriate orders on Ext.P3, as expeditiouslyas possible. 5. Till the disposal of the appeal, no coercive steps shall beinitiated against the petitioner pursuant to Ext.P1 assessment 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) 21146/2022 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2018-19 DATED 28/09/2021 ISSUED BY THE SECONDRESPONDENT. A TRUE COPY OF THE DEMAND NOTICE U/S 156 DATED 28/09/2021 ISSUED BY THE FIRST RESPONDENT. A TRUE COPY OF THE APPEAL FOR AY 2018-19 BEFORE THE 1ST RESPONDENT DATED 22/10/2021.A TRUE COPY OF THE DEMAND LETTER FOR 20% OF TAX, ISSUED BY THE 3RD RESPONDENT DATED 13/06/2022. A TRUE COPY OF THE PETITION NOT TO TREAT THE ASSESSEE AS A DEFAULTER, SUBMITTED BEFORE THE3RD RESPONDENT DATED 20/06/2022.