Wp(C) v. Commissioner Of Income Tax [2021(1) Klt 485] Now Governs The Field Thereby Rendering Theassessment Itself As Incorrect

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 29 DAY OF JUNE 2022 / 8TH ASHADHA, 1944WP(C) NO. 21112 OF 2022 PETITIONER/S: THE POLPULLY SERVICE CO-OPERATIVE BANK LIMITEDNO.F. 1198,POLPULLY, PALAKKAD DISTRICT 678 552, REPRESENTED BY ITS SECRETARY. BY ADV O.D.SIVADAS RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX (APPEALS)AYAKAR BHAVAN, SHAKTAN NAGAR, THRISSUR 680 001. 2THE INCOME TAX OFFICER, WARD 2, AAYKAR BHAVAN, ENGLISH CHURCH ROAD, PALAKKAD, 678 014. SRI. JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Co-operative Societies Act, 1969.Ext.P1 order of assessment was issued against the petitioner on19.12.2019. 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 the 1[st]respondent, petitioner has sought to canvass 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 rendering theassessment itself as incorrect. 3. Since the petitioner has already preferred an appeal asExt.P3 and the same is pending consideration before the 1[st]respondent, I deem it fit that this writ petition be disposed ofdirecting the Appellate Authority to consider the appeal in a timebound manner. WP(C) NO. 21112 OF 2022 3 4. Accordingly, there will be a direction to the 1[st]respondent to consider and pass appropriate orders on Ext.P3,as expeditiously as possible. 5. Till the disposal of the appeal, no coercive steps shall beinitiated against the petitioner pursuant to Ext.P1 assessmentorder and Ext.P2 and P4 demand notices. The writ petition is disposed of as above. ajt Sd/- GOPINATH P.JUDGE WP(C) NO. 21112 OF 2022 4 APPENDIX OF WP(C) 21112/2022 PETITIONER EXHIBITS Exhibit P1TRUE COPY OF THE ASSESSMENT ORDER DATED 19.12.2019 ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2017-18. Exhibit P2 TRUE COPY OF THE NOTICE DATED 19.12.2019 ISSUED BY THE 2ND RESPONDENT OF UNDER SECTION156 OF THE INCOME TAX ACT FOR ASSESSMENT YEAR2017-18. Exhibit P3 TRUE COPY OF THE APPEAL DATED 4.01.2020 FILEDBY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2017-18. Exhibit P4 TRUE COPY OF THE PROCEEDING DATED 9.6.2022 ISSUED BY THE 2ND RESPONDENT IN RELATION TO THE ASSESSMENT YEAR 2017-18. Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 6.09.2021 IN WP(C). NO. 18004 OF 2021 RENDERED BY THIS HON'BLE COURT.