While Assailing The Assessment Order Before The2[Nd]Respondent, Petitioner Has Sought To Canvas 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 Renderingthe Assessment Itself As Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 1 DAY OF AUGUST 2024 / 10TH SRAVANA, 1946WP(C) NO. 27195 OF 2024 PETITIONER: THONDERNAD PANCHAYATH AGRICULTURAL IMPROVEMENT CO-OPERATIVE SOCIETY LIMITED NO. W-312AGED 38 YEARSTHONDERNAD P.O., WAYANAD DISTRICT, REPRESENTED BYITS SECRETARY JINCY JACOB, WIFE OF JIJO JOSE, RESIDING AT VANDANAKKARA, EDAVAKA P.O., PIN – 670 645, WAYANAD DISTRICT. BY ADV S.M.PRASANTH RESPONDENTS: 1UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENTGOVERNMENT DEPARTMENT OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI., PIN – 110 001. 2THE COMMISSIONER OF INCOME TAX ( APPEALS),NATIONAL FACELESS APPEAL CENTRE (NFAC), INCOME TAX DEPARTMENT, 2ND FLOOR, E- RAMP, JAWAHARLAL NEHRU STADIUM, NEW DELHI, PIN – 110 003. 3THE INCOME TAX OFFICER,WARD - 1, KALPETTA SULTHAN BATHERY ROAD, KALPETTA, WAYANAD., PIN – 673 122. 4THE ASSESSMENT UNIT,NATIONAL FACELESS ASSESSMENT CENTRE, INCOME TAX DEPARTMENT, 2ND FLOOR, E - RAMP, JAWAHARLAL NEHRU STADIUM, NEW DELHI – 110 003. W.P.(C) No.27195/2024 5THE PRINCIPAL COMMISSIONER OF INCOME TAX,AAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE.,PIN – 673 001. 6 THE ASSESSING OFFICER, INCOME TAX DEPARTMENT, WARD - I, KALPETTA, WAYANAD DISTRICT., PIN – 673 121. BY ADVS. SRI. JOSE JOSEPH (SR.SC-IT DEPT) SRI. CYRIAC TOM (Jr.SC - IT DEPT) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 01.08.2024, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: -:3:- JUDGMENT Petitioner is a Primary Agricultural Credit Society registered under the Kerala Co-operative Societies Act, 1969.Ext.P1 order of assessment was issued against the petitioneron 13.03.2024. In the assessment order, petitioner's claim fordeduction under Section 80P was rejected on the ground thatthere 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 the2[nd]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 appealas Ext.P3 and the same is pending consideration before the2[nd] respondent, I deem it fit that this writ petition be disposed of directing the Appellate Authority to consider the appeal in atime bound manner. 4. Accordingly, there will be a direction to the 2[nd] respondent to consider and pass appropriate orders onExt.P3, as expeditiously as possible. 5.Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuant to Exts.P1and P2. The writ petition is disposed of as above. Sd/- GOPINATH P.JUDGE APPENDIX OF WP(C) 27195/2024 PETITIONER’S EXHIBITS