IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 17553 OF 2022
PETITIONER:
PATTOM SERVICE CO-OPERATIVE BANK LTD. NO.T 1318,
MEDICAL COLLEGE, KANNAMMOOLA P.O.,
TRIVANDRUM - 695 011, REPRESENTED BY ITS SECRETARY
SREEJI S.
BY ADVS.
K.P.PRADEEP
HAREESH M.R.
SANAND RAMAKRISHNAN
T.T.BIJU
T.THASMI
M.J.ANOOPA
SANU S MALAKEEL
RESPONDENTS:
1 THE CENTRAL BOARD OF DIRECT TAXES,
DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI- 110 001,
REPRESENTED BY ITS CHAIRMAN.
2 INCOME TAX OFFICER,
CIRCLE CENTRAL, KOLLAM, AAYAKAR BHAVAN,
INCOME TAX OFFICE, NEAR KARBALA JUNCTION,
RAILWAY STATION ROAD, KOLLAM - 691 001.
3 COMMISSIONER OF INCOME TAX (APPEALS),
NATIONAL FACELESS APPEAL CENTRE (NFAC),
DELHI, ROOM NO.401, 2ND FLOOR, E-RAMP,
JAWAHARLAL NEHRU STADIUM, DELHI-110 003.
BY SRI.CHRISTOPHER ABRAHAM, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17553 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 22.03.2022. 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 3 rd 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.P2 and the same is pending consideration before the 3 rd 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.
WP(C) NO. 17553 OF 2022 3
4. Accordingly, there will be a direction to the 3 rd respondent to consider and pass appropriate orders on Ext.P2, 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.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE DK WP(C) NO. 17553 OF 2022 4 APPENDIX OF WP(C) 17553/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER NO ITBA/AST/S/147/2021-22/1041277582(1) DATED 22-03-2022 ISSUED FOR THE YEAR 2018-19 BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit P2 TRUE COPY OF THE APPEAL DATED 21-04-
2022 FILED FOR THE YEAR 2018-19 BEFORE THE 3RD RESPONDENT BY THE PETITIONER. Exhibit P3 TRUE COPY OF THE DEMAND NOTICE ITBA/AST/S/156/2021-22/1041277601(1) DATED 22-03-2022 FOR THE YEAR 2018-19 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.