While Assailing The Assessment Order Beforethe 1Strespondent, Petitioner Has Sought To Canvassthat The Judgment Of The Supreme Court In Mavilayiservice Co-Opera v. Commissionerof Income Tax; 2021 (1) Klt 485 Now Governs Thefield Thereby Rendering The Assessment Itself Asincorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 25 DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA, 1944 WP(C) NO. 37758 OF 2022 PETITIONER: VALLACHIRA SERVICE CO-OPERATIVE SOCIETY LTD.NO.527VALLACHIRA.P.O, THRISSUR 680562 REPRESENTED BY ITS SECRETARY., PIN - 680562BY ADV P.C.SASIDHARAN RESPONDENTS: 1THE COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE, ROOM NO. 356, C.R. BUILDING, IP ESTATE, DELHI- 110002., PIN - 110002NATIONAL FACELESS APPEAL CENTRE, ROOM NO. 356, C.R. BUILDING, IP ESTATE, DELHI- 110002., PIN - 1100022THE PRINCIPAL COMMISSIONER OF INCOME TAXO/O THE PRINCIPAL COMMISSIONER OF INCOME TAX, AYAKAR BHAVAN, MANANCHIRA, KOZHIKODE, KERALA - 673001. , PIN - 673001O/O THE PRINCIPAL COMMISSIONER OF INCOME TAX, AYAKAR BHAVAN, MANANCHIRA, KOZHIKODE, KERALA - 673001. , PIN - 6730013THE INCOME TAX OFFICERWARD 1 & TPS, CITY PLAZA, INCOME TAX OFFICE, WEST NADA, GURUVAYOOR, KERALA - 680 101., PIN - 680101BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALAWARD 1 & TPS, CITY PLAZA, INCOME TAX OFFICE, WEST NADA, GURUVAYOOR, KERALA - 680 101., PIN - 680101BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA ADV. CHRISTOPHER ABRAHAM (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON25.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 25[th] day of November, 2022 Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Co-operative SocietiesAct, 1969. Ext.P1 order of assessment was issuedagainst the petitioner. In the assessment order,petitioner's claim for deduction under Section 80P wasrejected on the ground that there was no evidence toshow that petitioner satisfied the ingredients of thePrimary Agricultural Credit Society as contemplatedunder the Kerala Co-operative Societies Act. 2. While assailing the assessment order beforethe 1strespondent, petitioner has sought to canvassthat the judgment of the Supreme Court in MavilayiService Co-operative Bank Ltd. v. Commissionerof Income Tax; 2021 (1) KLT 485 now governs thefield thereby rendering the assessment itself asincorrect. 3. Since the petitioner has already preferred an W.P. (C) No. 37758 of 2022 ..3.. appeal as Ext.P3 and the same is pending consideration before the Income Tax AppellateTribunal (1st respondent), I deem it fit that this writpetition be disposed of directing the Tribunal toconsider the appeal in a time bound manner. 4. Accordingly, there will be a direction to the 1st respondent to consider and pass appropriate orderson Ext.P3 appeal, as expeditiously as possible within aperiod of 2 months from the date of receipt of a copyof this judgment. 5. Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuantto Ext.P1 assessment order. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE W.P. (C) No. 37758 of 2022 ..4.. APPENDIX OF WP(C) 37758/2022 PETITIONER EXHIBITSExhibit P1EXHIBIT P1:- THE TRUE COPY OF THE ASSESSMENT ORDER DURING THE ASSESSMENT YEAR 2020-2021 DATED 22/09/2022 Exhibit P2EXHIBIT P2:- THE TRUE COPY OF THE DEMAND NOTICE DATED 22/09/2022 Exhibit P3EXHIBIT P3:- THE TRUE COPY OF THE APPEAL DATED 20/10/2022 Exhibit P4EXHIHBIT P4:- THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF INCOME TAX FORMS SHOWING THE FILING OF THE APPEAL ON 20/10/2022 Exhibit P5EXHIBIT P5:- THE TRUE COPY OF THE STAY PETITION DATED 19/10/2022 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P6EXHIBIT P6:- THE TRUE COPY OF THE JUDGMENT IN W.A.NO.1536 OF 2019 DATED 1/7/2019 Exhibit P7EXHIBIT P7:- THE TRUE COPY OF THE JUDGMENT IN W.P(C)NO.14282/2021 DATED 19/7/2021 Exhibit P8EXHIBIT P8:- THE TRUE COPY OF THE JUDGMENT IN W.P(C)NO. 34067/2022 DATED 27/10/2022 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE