The Kannadi Service Co-Operative ... vs Commissioner Of Income Tax

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                        WP(C) NO. 21115 OF 2022
PETITIONER/S:

          THE KANNADI SERVICE CO-OPERATIVE BANK LTD
          NO. F. 1572, KANNADI P.O, PALAKKAD DISTRICT, PIN -
          678701, REPRESENTED BY ITS SECRETARY.
          BY ADV O.D.SIVADAS


RESPONDENT/S:

    1     COMMISSIONER OF INCOME TAX, (APPEALS), AYAKAR BHAVAN,
          SHAKTAN NAGAR, THRISSUR, PIN - 680001.
    2     THE INCOME TAX OFFICER
          WARD 2, AAYKAR BHAVAN, ENGLISH CHURCH ROAD, PALAKKAD,
          PIN - 678014.
          SRI. JOSE JOSEPH, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21115 OF 2022                   2



                                  JUDGMENT

Petitioner is a Primary Agricultural Credit Society registered under the Kerala Co-operative Societies Act, 1969. Ext.P1 order of assessment was issued against the petitioner on 24.12.2018. In the assessment order, petitioner's claim for deduction under Section 80P was rejected on the ground that there was no evidence to show that petitioner satisfied the ingredients of the Primary Agricultural Credit Society as contemplated under the Kerala Co-operative Societies Act.

2. While assailing the assessment order before the 1st respondent, petitioner has sought to canvass that the judgment 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 the assessment itself as incorrect.

3. Since the petitioner has already preferred an appeal as Ext.P3 and the same is pending consideration before the 1st respondent, I deem it fit that this writ petition be disposed of directing the Appellate Authority to consider the appeal in a time bound manner.

4. Accordingly, there will be a direction to the 1st 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 be initiated against the petitioner pursuant to Ext.P1 assessment order and Exts.P2 and p4 demands.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ajt WP(C) NO. 21115 OF 2022 4 APPENDIX OF WP(C) 21115/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 24.12.2018 ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2016-17.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 24.12.2018 ISSUED BY THE 2ND RESPONDENT OF UNDER SECTION 156 OF THE INCOME TAX ACT FOR ASSESSMENT YEAR 2016-17.

Exhibit P3 TRUE COPY OF THE APPEAL DATED 21.01.2019 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2016-17. Exhibit P4 TRUE COPY OF THE PROCEEDING DATED 09.06.2022 ISSUED BY THE 2ND RESPONDENT IN RELATION TO THE ASSESSMENT YEAR 2016-17.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 06.09.2021 IN WP(C) NO. 18004 OF 2021 RENDERED BY THIS HON'BLE COURT.