Wp(C) v. Cit [431 Itr 1(Sc

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 24 DAY OF NOVEMBER 2022 / 3RD AGRAHAYANA, 1944WP(C) NO. 37624 OF 2022 PETITIONER: KALLIAD SERVICE CO-OPERATIVE BANK LTD,KALLIAD P.O., KANNUR – 670 593, REPRESENTED BY ITS SECRETARY SAJITHA KUMARI M. BY ADVS.S.ARUN RAJC.T.SUJAARJUN S.RAJ RESPONDENTS: 1ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER,ASSESSMENT UNIT, NATIONAL FACELESS ASSESSMENT CENTRE, INCOME TAX DEPARTMENT, 2ND FLOOR, E-RAMP, JAWAHARLAL NEHRU STADIUM, NEW DELHI – 110 003.2THE PRINCIPAL COMMISSIONER OF INCOME TAX,AAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE – 673 001. AAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA, BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON24.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner has approached this Court being aggrievedby the fact that the claim of the petitioner for deduction underSection 80P of the Income Tax Act, 1961 has been decided onthe basis of a full bench judgment of this Court, which has beenreversed by the Supreme Court by the judgment reported asMavilayi Service Co-operative Bank Ltd v. CIT [431 ITR 1(SC)]. 2.Heard the learned counsel appearing for therespondent Department also. 3.Having heard the learned counsel appearing for thepetitioner and the learned counsel appearing for therespondent Department and having perused Ext.P4 order ofassessment, I am of the view that there is considerable merit inthe contention taken by the learned counsel for the petitionerthat since the claim of the petitioner for deduction underSection 80P of the Income Tax Act, 1961 has been decided onthe basis of a full bench judgment of this Court, which has beenreversed by the Supreme Court through the judgment referredto above, the assessment order is to be set aside and adirection is to be issued to the 1[st] respondent to pass fresh WP(C) NO. 37624 OF 2022 3 orders of assessment after taking note of the judgment of theSupreme Court referred to above and also after affording to thepetitioner a further opportunity of hearing. The freshassessment order shall be passed without undue delay. Toenable the re-consideration of the matter, as above, Ext.P4order of assessment is quashed. The writ petition will stand disposed of as above. DK Sd/-GOPINATH P.JUDGE APPENDIX OF WP(C) 37624/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 21-02-2022 UNDER SECTION 142(1) OF THE ACT ISSUED BY THE 1ST RESPONDENT FOR THE AY2020-21 TO THE PETITIONER Exhibit P2 A TRUE COPY OF REPLY DATED 27-03-2022 E-FILED BY THE PETITIONER IN RESPONSE TO THE NOTICE U/S 142(1) DATED 21-02-2022 ALONG WITH THE ACKNOWLEDGEMENT Exhibit P3 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 15-09-2022 ISSUED BY THE 1ST RESPONDENT FOR THE AY 2020-21 Exhibit P4 A TRUE COPY OF THE ASSESSMENT ORDER DATED 22-09-2022 UNDER SECTION 144 R.W.S. 144B OF THE ACT AND THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT FORTHE AY 2020-21