While Assailing The Assessment Order Before The 3Rdrespondent, Petitioner Has Sought To Canvass That Thejudgment Of The Supreme Court In Mavilayi Service Co-Ope v. Commissioner Of Income Tax [2021(1) Klt 485] Now Governs The Field Thereby Rendering Theassessment Itself As Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2 DAY OF NOVEMBER 2022 / 11TH KARTHIKA, 1944 WP(C) NO. 34810 OF 2022 PETITIONER: THE ANCHALUMMOOD SERVICE CO-OPERATIVE BANK LTD. NO.613,REPRESENTED BY ITS SECRETARY, PERINAD P.O, KOLLAM DISTRICT,PIN – 691 601. BY ADVS.ARJUN RAGHAVANT.R.HARIKUMAR RESPONDENTS: 1THE INCOME TAX OFFICER, WARD 1 & TPS,OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, KOLLAM RANGE, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM,PIN – 691 001.2THE ASSISTANT DIRECTOR OF INCOME TAX,CENTRALIZED PROCESSING CENTRE, BENGALURU– 560 500.3THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN – 695 003.4THE REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 & C2, 1ST FLOOR, KAKKANAD, COCHIN-PIN-682 030.5THE KERALA STATE CO-OPERATIVE BANK,REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, P.B NO.6515, CO-BANK TOWERS, PALAYAM, THIRUVANATHAPURAM, PIN – 695 033.BY ADVS.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENTSRI.P.C.SASIDHARAN, SC, KOLLAM DISTRICT CO-OPERATIVE BANK LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON02.11.2022, 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.Aggrieved by Ext.P2 order of assessment relating to assessmentyear 2019-20, petitioner has preferred an appeal before the 4threspondent, a copy of which is produced as Ext.P5. A petition forstay of proceedings pursuant to the assessment order has alsobeen filed as Ext.P6. In the assessment order, petitioner's claimfor deduction under Section 80P was rejected on the groundthat there 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 3rdrespondent, 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 theassessment itself as incorrect. 3.The learned counsel appearing for the respondentDepartment states that the petitioner is clearly not entitled todeduction under Section 80P as the petitioner did not file the return for the relevant assessment year in time. 4.Faced with this situation, the learned counselappearing for the petitioner states that the petitioner intends tomake an application for condoning the delay in filing the returnfor the relevant assessment year under Section 119(2)(b) of theIncome Tax Act. 5.Having regarding to the submissions made above,this writ petition is disposed of directing the 4th respondentTribunal to consider and pass orders on Ext.P6 applicationwithin a period of two months from the date of receipt of acertified copy of this judgment. Till such time as orders arepassed on Ext.P6, any proceedings for recovery of amounts duefrom the petitioner under Ext.P2 order of assessment shall bekept in abeyance. The writ petition is disposed of as above. DK Sd/- JUDGE GOPINATH P. APPENDIX OF WP(C) 34810/2022 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE ACKNOWLEDGEMENT 03-03-2020 WITH RESPECT TO THE FILING OF RETURNS FOR THE ASSESSMENT YEAR 2019-2020 DATED 03-03-2020 Exhibit-P2 A TRUE COPY OF THE INTIMATION ISSUED UNDER SECTION 143 (1) DATED 23-02-2021 FOR THE ASSESSMENT YEAR 2019-2020 Exhibit-P3 A TRUE COPY OF THE JUDGMENT DATED 12-03-2021 IN WP(C) NO.6377 OF 2021 OF THIS HON'BLE COURT Exhibit-P4 A TRUE COPY OF THE ORDER DATED 21-09-2022 ISSUED BY THE 3RD RESPONDENT Exhibit-P5 A TRUE COPY OF THE APPEAL MEMORANDUM ALONG WITH AFFIDAVIT AND CHELAN DATED 21-10-2022, FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit-P6 The writ petition is disposed of as above. DK Sd/- JUDGE GOPINATH P. APPENDIX OF WP(C) 34810/2022 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE ACKNOWLEDGEMENT 03-03-2020 WITH RESPECT TO THE FILING OF RETURNS FOR THE ASSESSMENT YEAR 2019-2020 DATED 03-03-2020 Exhibit-P2 A TRUE COPY OF THE INTIMATION ISSUED UNDER SECTION 143 (1) DATED 23-02-2021 FOR THE ASSESSMENT YEAR 2019-2020 Exhibit-P3 A TRUE COPY OF THE JUDGMENT DATED 12-03-2021 IN WP(C) NO.6377 OF 2021 OF THIS HON'BLE COURT Exhibit-P4 A TRUE COPY OF THE ORDER DATED 21-09-2022 ISSUED BY THE 3RD RESPONDENT Exhibit-P5 A TRUE COPY OF THE APPEAL MEMORANDUM ALONG WITH AFFIDAVIT AND CHELAN DATED 21-10-2022, FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit-P6 A TRUE COPY OF THE STAY PETITION DATED 21-10-2022 FILED IN EXT-P5 APPEAL Exhibit-P7 A TRUE COPY OF THE JUDGMENT DATED 19-07-2019 IN W.A NO.1639 OF 2019 Exhibit-P8 A TRUE COPY OF THE JUDGMENT DATED 11-07-2022 IN WP(C) NO.22397 OF 2022 OF THIS HON'BLE COURT