While Assailing The Assessment Order Before The1[St] Respondent, Petitioner Has Sought To Canvas That Thejudgment Of The Supreme Court In Mavilayi Service Co-Op v. Commissioner Of Income Tax[2021 (1) Klt 485] Now Governs The Field Thereby Renderingthe Assessment Itself As Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 7 DAY OF DECEMBER 2022 / 16TH AGRAHAYANA, 1944 WP(C) NO. 39544 OF 2022 PETITIONER: THE CHAMPAKARA SERVICE CO-OPERATIVE BANK LTD NO. R. 3511, H.O.KARUKACHAL, KOTTAYAM DISTRICT, PIN – 686 539.REPRESENTED BY ITS SECRETARY BY ADV O.D.SIVADAS RESPONDENTS: 1THE NATIONAL FACELESS APPEAL CENTRE, NEW DELHI, PIN – 110 001 REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER. 2THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE, NEW DELHI, PIN – 110 001. 3THE INCOME TAX OFFICER,WARD (4), WARD 1 & TPS, THIRUVALLA, PIN – 689 101. BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 07.12.2022, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: JUDGMENT Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Co-operative Societies Act,1969. Ext.P1 order of assessment was issued against thepetitioner on 15.03.2022. In the assessment order,petitioner's claim for deduction under Section 80P wasrejected on the ground that there was no evidence to showthat petitioner satisfied the ingredients of the PrimaryAgricultural Credit Society as contemplated under theKerala Co-operative Societies Act. 2.While assailing the assessment order before the1[st] respondent, petitioner has sought to canvas 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 renderingthe assessment itself as incorrect. 3. Since the petitioner has already preferred an appeal as Ext.P2 and the same is pending considerationbefore the 1[st] respondent, I deem it fit that this writ petition W.P.(C) No.39544/2022 be disposed of directing the Appellate Authority to considerthe appeal in a time bound manner. 4. Accordingly, there will be a direction to the 1[st] respondent to consider and pass appropriate orders onExt.P2, as expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuant to Ext.P1assessment order. The writ petition is disposed of as above. Sd/-GOPINATH P.JUDGE APPENDIX OF WP(C) 39544/2022 PETITIONER EXHIBITS Exhibit P1TRUE COPY OF THE ORDER DATED 15.03.2022 ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2019-20. ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2019-20. Exhibit P2TRUE COPY OF THE APPEAL FILED DATED 04.05.2022 BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE THE PERIOD 2019-20. 04.05.2022 BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE THE PERIOD 2019-20. Exhibit P3TRUE COPY OF THE NOTICE DATED 17.11.2022 ISSUED BY THE 3RD RESPONDENT DEMANDING TAX. ISSUED BY THE 3RD RESPONDENT DEMANDING TAX. Exhibit P4TRUE COPY OF THE JUDGMENT DATED 16.11.2022 INWP(C).NO. 36616 OF 2021 RENDERED BY THIS HON'BLE COURT. WP(C).NO. 36616 OF 2021 RENDERED BY THIS HON'BLE COURT.