While Assailing The Assessment Order Before The 4[Th] Respondent,Petitioner Has Sought To Canvass That The Judgment Of The Supreme Court Inmavilayi Service Co-O v. Commissioner Of Incometax; 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. TUESDAY, THE 23 DAY OF AUGUST 2022 / 1ST BHADRA, 1944WP(C) NO. 27116 OF 2022 PETITIONER: THE AYROOR VILLAGE SERVICE CO-OPERATIVE BANK LTD AYROOR SOUTH RANNY, PATHANAMTHITTA- REPRESENTED BY ITS SECRETARY REENA JOHN, PIN - 689611BY ADVS.K.P.PRADEEPHAREESH M.R.SANAND RAMAKRISHNANT.T.BIJUM.J.ANOOPASANU S MALAKEEL RESPONDENTS: 1THE CENTRAL BOARD OF DIRECT TAXES DEPARTMENT OF REVENUE, MINISTRY OF FINANCEGOVERNMENT OF INDIA, NORTH BLOCK NEW DELHI- , REPRESENTED BY ITS CHAIRMAN , PIN - 1100012INCOME TAX OFFICER, WARD-1&TPS, THIRUVALLAINCOME TAX DEPARTMENT, INCOME TAX OFFICE, OFFICE OF ADDITIONAL CIT, THIRUVALLA RANGE, TK ROAD THIRUVALLA- , PIN - 6891013ADDITIONAL COMMISSIONER OF INCOME TAX, INCOME TAX OFFICER,NATIONAL FACELESS ASSESSMENT CENTRE, DELHI ROOM NO. 401, 2NDFLOOR, E-RAMP, JAWAHARLAL NEHRU STADIUM, DELHI-, PIN - 1100034COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE (NFAC), DELHI, ROOM NO. 401,2ND FLOOR, E-RAMP, JAWAHARLAL NEHRU STADIUM, DELHI-, PIN - 110003SRI. JOSE JOSEPH (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON23.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T Petitioner is a Primary Agricultural Credit Society registered under the KeralaCo-operative Societies Act, 1969. Ext.P1 order of assessment was issued against thepetitioner. In the assessment order, petitioner's claim for deduction under Section80P was rejected on the ground that there was no evidence to show that petitionersatisfied the ingredients of the Primary Agricultural Credit Society as contemplatedunder the Kerala Co-operative Societies Act. 2. While assailing the assessment order before the 4[th] respondent,petitioner has sought to canvass that the judgment of the Supreme Court inMavilayi Service Co-operative Bank Ltd. v. Commissioner of IncomeTax; 2021 (1) KLT 485 now governs the field thereby rendering the assessmentitself as incorrect. 3.Since the petitioner has already preferred an appeal as Ext.P2 and thesame is pending consideration before the 4[th] respondent, I deem it fit that this writpetition be disposed of directing the 4[th] respondent to consider the appeal in a timebound manner. 4.Accordingly, there will be a direction to the 4[th] respondent to considerand pass appropriate orders on Ext.P2, as expeditiously as possible within a periodof 2 months from the date of receipt of a copy of this judgment.. 5. Till the disposal of the appeal, no coercive steps shall be initiatedagainst the petitioner pursuant to Ext.P3 demand notice. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE APPENDIX OF WP(C) 27116/2022 PETITIONER EXHIBITS Exhibit P1TRUE COPY OF THE ASSESSMENT ORDER NO ITBA/AST/S/144/2019-20/1023330734(1) DATED 28-12-2019ISSUED FOR THE YEAR 2017-18 BY THE 2ND RESPONDENT TO THE PETITIONERITBA/AST/S/144/2019-20/1023330734(1) DATED 28-12-2019ISSUED FOR THE YEAR 2017-18 BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P2TRUE COPY OF THE APPEAL DATED 10-02-2020 FILED FOR THE YEAR 2017-18 BEFORE THE 4TH RESPONDENT BY THE PETITIONERTHE YEAR 2017-18 BEFORE THE 4TH RESPONDENT BY THE PETITIONER Exhibit P3TRUE COPY OF THE DEMAND NOTICE NO ITBA/AST/S/156/2019-20/1023330832(1) DATED 28-12-2019ITBA/AST/S/156/2019-20/1023330832(1) DATED 28-12-2019 ISSUED FOR THE YEAR 2017-18 BY THE 2ND RESPONDENT TO THE PETITIONERTHE PETITIONER Exhibit P4TRUE COPY OF THE JUDGMENT DATED 23-02-2022 IN WPC NO 6109 OF 20226109 OF 2022