While Assailing The Assessment Order Beforethe 3[Rd ]Respondent, Petitioner Has Sought To Canvasthat The Judgment Of The Supreme Court In Mavilayiservice Co-Ope 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. MONDAY, THE 21 DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944 WP(C) NO. 37019 OF 2022 PETITIONER: 1THE VATANAPPALLY SERVICE CO-OPERATIVE BANK LTD NO. F 211P.O.THRITHALLUR , THRISSUR - 680 619, REPRESENTED BY ITS SECRETARY., PIN - 680619BY 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 - 110002 2THE 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 - 680101WARD 1 & TPS, CITY PLAZA, INCOME TAX OFFICE, WEST NADA, GURUVAYOOR, KERALA - 680 101., PIN - 680101 BY ADV CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 21[st] 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 3[rd ]respondent, petitioner has sought to canvasthat 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 WPC No.37019 of 2022 appeal as Ext.P3 and the same is pendingconsideration before the Commissioner of Income Tax (Appeals) (1[st] respondent), I deem it fit that this writpetition be disposed of directing the 1[st] respondent toconsider the appeal in a time bound manner. 4. Accordingly, there will be a direction to the 1[st]respondent to consider and pass appropriate orderson Ext.P3, as expeditiously as possible within a periodof 2 months from the date of receipt of a copy of thisjudgment. 5. Till the disposal of the appeal, no coercivesteps shall be initiated against the petitioner pursuantto Ext.P1. The writ petition is disposed of as above. SKP/21-11 Sd/- GOPINATH P. JUDGE APPENDIX OF WP(C) 37019/2022 PETITIONER’S EXHIBITS:EXHIBIT P1THE TRUE COPY OF THE ASSESSMENT ORDER DURING THE ASSESSMENT YEAR 2020-2021 DATED 24/09/2022EXHIBIT P2THE TRUE COPY OF THE DEMAND NOTICE DATED 24/09/2022EXHIBIT P3THE TRUE COPY OF THE APPEAL DATED 22/10/2022EXHIBIT P4THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF INCOME TAX FORMS SHOWING THE FILING OF THE APPEAL ON 22/10/2022 EXHIBIT P5THE TRUE COPY OF THE STAY PETITION DATED 21/10/2022 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P6THE TRUE COPY OF THE JUDGMENT IN W.A.NO.1536 OF2019 DATED 1/7/2019 EXHIBIT P7HE TRUE COPY OF THE JUDGMENT IN W.P(C) NO.14282/2021 DATED 19/7/2021 EXHIBIT P8THE 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