While Assailing The Assessment Order Beforethe 1St Respondent, Petitioner Has Sought To Canvassthat The Judgment Of The Supreme Court In Mavilayiservice Coopera v. Commissionerof Income Tax [2021 (1) Klt 485] Was Notconsidered By The Assessing Officer Though Theassessment Order Was Rendered Subsequent To The

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 25 DAY OF OCTOBER 2022 / 3RD KARTHIA, 1944 WP(C) NO. 33658 OF 2022 PETITIONER: 1THE PUNNAYUR PANCHAYAT SERVICE CO-OPERATIVE BANK LTD NO.P.584 P.O.EDAKKARA- AKALAD, THRISSUR - 680 506, REPRESENTED BY ITS SECRETARY, PIN - 680506BY ADV P.C.SASIDHARAN RESPONDENTS: 25.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 25[th] day of October, 2022 Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Co-operative SocietiesAct, 1969. Ext.P1 order of assessment was issuedagainst the petitioner on 02.08.2022. In theassessment order, petitioner's claim for deductionunder Section 80P was rejected on the ground thatthere was no evidence to show that petitionersatisfied the ingredients of the Primary AgriculturalCredit Society as contemplated under the Kerala Co-operative Societies Act. 2.While assailing the assessment order beforethe 1st respondent, petitioner has sought to canvassthat the judgment of the Supreme Court in MavilayiService Cooperative Bank Ltd. v. Commissionerof Income Tax [2021 (1) KLT 485] was notconsidered by the assessing officer though theassessment order was rendered subsequent to the Supreme Court Judgment. 3.Since the petitioner has already preferred an appeal as Ext.P3 and the same is pendingconsideration before the 1[st] respondent, I deem it fitthat this writ petition be disposed of directing theAppellate Authority to consider the appeal in a timebound manner. 4. Accordingly, there will be a direction to the 1[st] respondent to consider and pass appropriateorders on Ext.P3, as expeditiously as possible.orders on Ext.P3, as expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuantto Ext.P1 assessment order.to Ext.P1 assessment order. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE APPENDIX OF WP(C) 33658/2022 TRUE COPY P.A.TO JUDGE