While Assailing The Assessment Order Beforethe 3[Rd ]Respondent, Petitioner Has Sought To Canvassthat The Judgment Of The Supreme Court In Mavilayiservice Co-Op 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. THURSDAY, THE 17 DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944 WP(C) NO. 36540 OF 2022 PETITIONER: 1THE MULLASSERY SERVICE CO-OPERATIVE SOCIETY LTD NO.R.280P.O.MULLASSERY, THRISSUR - 680 509, REPRESENTED BY ITS SECRETARY., PIN - 680509BY 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 - 110002BUILDING, 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 17.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 17[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 3[rd ]respondent, 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. WPC No.36540 of 2022 3. Since the petitioner has already preferred an appeal as Ext.P3 and the same is pendingconsideration before the Income Tax AppellateTribunal (1[st] 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 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. Sd/- GOPINATH P. JUDGE APPENDIX OF WP(C) 36540/2022 PETITIONER’S EXHIBITS: WPC No.36540 of 2022 3. Since the petitioner has already preferred an appeal as Ext.P3 and the same is pendingconsideration before the Income Tax AppellateTribunal (1[st] 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 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. Sd/- GOPINATH P. JUDGE APPENDIX OF WP(C) 36540/2022 PETITIONER’S EXHIBITS: EXHIBIT P1EXHIBIT P1:- THE TRUE COPY OF THE ASSESSMENT ORDER DURING THE ASSESSMENT YEAR 2020-2021 DATED 28/09/2022 ORDER DURING THE ASSESSMENT YEAR 2020-2021 DATED 28/09/2022 EXHIBIT P2EXHIBIT P2:- THE TRUE COPY OF THE DEMAND NOTICEDATED 28/09/2022 DATED 28/09/2022 EXHIBIT P3EXHIBIT P3:- THE TRUE COPY OF THE APPEAL DATED 26/10/202226/10/2022EXHIBIT P4EXHIBIT P4:- THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF INCOME TAX FORMS SHOWING THE FILING OF THE APPEAL ON 26/10/2022ACKNOWLEDGEMENT RECEIPT OF INCOME TAX FORMS SHOWING THE FILING OF THE APPEAL ON 26/10/2022EXHIBIT P5EXHIBIT P5:- THE TRUE COPY OF THE STAY PETITIONDATED 24/10/2022 FILED BY THE PETITIONER BEFORETHE 1ST RESPONDENT DATED 24/10/2022 FILED BY THE PETITIONER BEFORETHE 1ST RESPONDENT EXHIBIT P6EXHIBIT P6:- THE TRUE COPY OF THE JUDGMENT IN W.A.NO.1536 OF 2019 DATED 1/7/2019 W.A.NO.1536 OF 2019 DATED 1/7/2019 EXHIBIT P7EXHIBIT P7:- TRUE COPY OF THE JUDGMENT DATED 19.07.2021 IN WPC NO. 14282/2021 OF THIS HONOURABLE COURT19.07.2021 IN WPC NO. 14282/2021 OF THIS HONOURABLE COURTEXHIBIT P8EXHIBIT P8:- TRUE COPY OF THE JUDGMENT DATED 27.10.2022 IN WPC 34067/2022 OF THIS HONOURABLECOURT27.10.2022 IN WPC 34067/2022 OF THIS HONOURABLECOURT RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE