Kerala High Court
Perur Service Co-Operative Bank ... vs Additional/Joint/Deputy/Assistant ... on 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 12987 OF 2021
PETITIONER :
M/S.PERUR SERVICE CO-OPERATIVE BANK LIMITED
M/S.
NO F 1614, PERUR, LAKKIDI, OTTAPPALAM - 679 302.
-REPRESENTED BY ITS SECRETARY,SRI.SATHISH K.
BY ADVS.
T.M.SREEDHARAN (SR.)
V.P.NARAYANAN
NISHA JOHN
RESPONDENTS :
1 ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF
INCOME TAX,
INCOME TAX OFFICER,NATIONAL E-ASSESSMENT CENTRE,
NEW DELHI-110001.
2 THE COMMISSIONER OF INCOME TAX(APPEALS),
NATIONAL FACELESS APPEAL CENTRE,
NEW DELHI-110001.
BY ADVS.
SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES)
JOSE JOSEPH, SC, FOR INCOME TAX
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12987 OF 2021
2
BECHU KURIAN THOMAS, J.
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W.P.(C).No.12987 of 2021
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Dated this the 1st day of October, 2021
JUDGMENT
Petitioner is a Primary Agricultural Credit Society
registered under the Co-operative Societies Act, 1969. Ext.P1 order
of assessment was issued against the petitioner on 24.02.2021. 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 Co-operative Societies Act.
2. While assailing the assessment order before the 2 nd
respondent Appellate Authority, petitioner has sought to canvass that
the judgment of the Supreme Court in Mavilayi Service Co-operative
Bank and Others v. Commissioner of Income Tax, Calicut and
Others [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 2 nd
WP(C) NO. 12987 OF 2021
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.
Accordingly there will a direction to the 2 nd respondent to
consider and pass appropriate orders on Ext.P2, as expeditiously as
possible, at any rate, within a period of six months from the date of
receipt of a copy of this judgment. It is clarified that the Appellate
Authority shall not insist on deposit of 20% of the amount in dispute
considering the nature of the case that has been pleaded by the
petitioner. Till such time, no coercive steps shall be initiated
pursuant to Ext.P1 assessment order.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 12987 OF 2021
APPENDIX OF WP(C) 12987/2021
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER AND
DEMAND NOTICE DATED 24.2.2021 ALONG WITH
COMPUTATION OF INCOME ALONG WITH DEMAND OF
INCOME TAX FOR AY 2018-19 BY THE 1ST
RESPONDENT.
Exhibit P2 TRUE COPY OF THE MEMORANDUM OF APPEAL E-
FILED DATED 22.03.2021 FOR THE ASSESSMENT
YEAR 2018-19 FILED BEFORE THE 2ND
RESPONDENT
Exhibit P3 TRUE COPY OF THE STAY PETITION DATED
22.06.2021 FILED BY THE PETITIONER FOR AY-
2018-19 BEFORE THE 2ND RESPONDENT.
