Kerala High Court
The Maranchery Service Co-Operative ... vs The National Faceless Appeal Centre on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 16255 OF 2024
PETITIONER:
THE MARANCHERY SERVICE CO-OPERATIVE BANK LIMITED NO.M
28,
REPRESENTED BY ITS SECRETARY,MARANCHERY.P.O, MALAPPURAM
DISTRICT,, PIN - 679581
BY ADV O.D.SIVADAS
RESPONDENTS:
1 THE NATIONAL FACELESS APPEAL CENTRE,
NEW DELHI INCOME TAX DEPARTMENT, REPRESENTED BY THE
PRINCIPAL CHIEF COMMISSIONER,, PIN - 110001
2 THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF
INCOME TAX/INCOME TAX OFFICER,
NATIONAL E-ASSESSMENT CENTRE, ASSESSMENT UNIT, INCOME
TAX DEPARTMENT. NEW DELHI, PIN - 110001
BY ADVS.
CHRISTOPHER ABRAHAM
P.R.AJITH KUMAR(K/000708/1998)
SRI JOSE JOSEPH, SC FOR INCOME TAX DEPT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.16255 OF 2024
2
JUDGMENT
Dated this the 23rd day of April, 2024 Petitioner is a Primary Agricultural Credit Society registered under the Kerala Cooperative Societies Act, 1969. Ext.P1 order of assessment was issued against the petitioner. In the assessment order, petitioner's claim for deduction under Section 80 (P) (2) 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 Cooperative 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 per Ext.P2 and the same is pending consideration before the 1st respondent, I deem it fit that this WP(C)No.16255 OF 2024 3 writ petition can be disposed of directing the 1 st respondent to consider the appeal in a time bound manner.
4. Accordingly, there will be a direction to the 1 st respondent to consider and pass appropriate orders on Ext.P2, as expeditiously as possible within a period of 2 months from the date of receipt of a copy of this judgment.
5. Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuant to Ext.P1.
The writ petition is disposed of as above.
Sd/-
N.NAGARESH JUDGE AP WP(C)No.16255 OF 2024 4 APPENDIX OF WP(C) 16255/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 15.
03. 2024 ALONG WITH DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2022-23. Exhibit P2 TRUE COPY OF THE APPEAL MEMORANDUM DATED 08.04.2024 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN RESPECT OF THE ASSESSMENT 2022-23.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 14.07.2022 IN WP(C).NO. 22847 OF 2022 RENDERED BY THIS HON'BLE COURT