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. WEDNESDAY, THE 24 DAY OF JULY 2024 / 2ND SRAVANA, 1946WP(C) NO. 26404 OF 2024 PETITIONER: THE PATTAMBI SERVICE CO-OPERATIVE BANK LTD.NO. P 585, RAZMALL COMPLEX, PALLIPPURAM ROAD, PATTAMBI, PALAKKAD, PIN – 679 303.REPRESENTED BY ITS SECRETARY-IN-CHARGE, V.P. SATHIDEVI. BY ADVS. K.KRISHNAACHYUTH MENON RESPONDENTS: 1THE ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER,NATIONAL E-ASSESSMENT CENTRE, DELHI, PIN – 110 001. 2THE JOINT COMMISSIONER (APPEALS)/COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER),NATIONAL FACELESS APPEAL CENTRE, DELHI, PIN – 110 001. BY ADV. SRI. JOSE JOSEPH (SC INCOME TAX DEPT) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.07.2024, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: -:2:- 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 16.03.2024. 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.P2 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.P2, as expeditiously as possible. 5.Till the disposal of the appeal, no coercive stepsshall be initiated against the petitioner pursuant to Ext.P1assessment order. The writ petition is disposed of as above. ats Sd/- GOPINATH P.JUDGE APPENDIX OF WP(C) 26404/2024 PETITIONER’S EXHIBITS Exhibit P1COPY OF ASSESSMENT ORDER ISSUED BY THE 1STRESPONDENT FOR THE YEAR 2022-23 DTD.16-03-2024. Exhibit P2COPY OF APPEAL FILED BY THE PETITIONERBEFORE THE 2ND RESPONDENT DTD. 15-04-2024. Exhibit P3COPY OF STAY PETITION FILED BY THEPETITIONER BEFORE THE 2ND RESPONDENT DTD.15-04-2024.