The Vattanathra Service Co-Op. ... vs The Additional Commissioner Of ...
2021 Latest Caselaw 23444 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

THURSDAY, THE 25TH DAY OF NOVEMBER 2021/4TH AGRAHAYANA,1943

                   WP(C) NO. 26481 OF 2021

PETITIONER:

          THE VATTANATHRA SERVICE CO-OP. BANK LIMITED
          NO.499, P.O.VATTANATHRA,
          ALAGAPPANAGAR, THRISSUR-680302,
          REPRESENTED BY ITS SECRETARY,
          MINI K.R.
          BY ADVS.
          SRI.HARISANKAR V. MENON
          SMT.MEERA V.MENON


RESPONDENTS:

    1     THE ADDITIONAL/JOINT/DEPUTY/
          ASST.COMMISSIONER OF INCOME TAX
          NATIONAL e-ASSESSMENT CENTRE,
          DELHI-110001.
    2     NATIONAL FACELESS APPEAL CENTRE
          DELHI-110001,
          REPRESENTED BY THE
          PRINCIPAL CHIEF COMMISSIONER.
    3     THE COMMISSIONER OF INCOME TAX(APPEALS)
          AYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR,
          THRISSUR-680001.
    4     THE INCOME TAX OFFICER
          WARD 2(5), INCOME TAX OFFICE,
          AYAKAR BHAVAN, SAKTHAN THAMPURAM NAGAR,
          THRISSUR-680001.
    5     THE PRINCIPAL COMMISSIONER OF INCOME TAX
          INCOME TAX OFFICE, AYAKAR BHAVAN,
          MANANCHIRA, KOZHIKODE-673001.
 W.P.(C) No.26481/21                 -:2:-




              ADV.JOSE JOSEPH, SC



       THIS     WRIT    PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON    25.11.2021,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.26481/21                  -:3:-




                     BECHU KURIAN THOMAS, J.
                     -----------------------------------------
                        W.P.(C) No.26481 of 2021
                      ----------------------------------------
                 Dated this the 25th day of November, 2021

                                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 16.09.2021. 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] was not considered by the assessing officer though the

assessment order was rendered subsequent to the Supreme Court

Judgment.

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.

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/-

BECHU KURIAN THOMAS JUDGE vps

APPENDIX OF WP(C) 26481/2021

PETITIONER'S/S' EXHIBITS Exhibit P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2018-19. Exhibit P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. Exhibit P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. Exhibit P5 COPY OF LETTER ISSUED BY THE INCOME TAX OFFICER WARD 2(1), THRISSUR.

Exhibit P6 COPY OF JUDGMENT OF THIS HON'BLE COURT IN WPC NO.21200/2021.