The Mundur Service Co-Operative ... vs The ...
2021 Latest Caselaw 21102 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943

                   WP(C) NO. 17417 OF 2021

PETITIONER:

          THE MUNDUR SERVICE CO-OPERATIVE BANK LTD.
          NO.F. 1650, MUNDUR,
          PALAKKAD 678 592,
          REPRESENTED BY ITS ASSISTANT SECRETARY,
          RAVIKUMAR K.
          BY ADVS.
          HARISANKAR V. MENON
          MEERA V.MENON
          R.SREEJITH
          K.KRISHNA

RESPONDENTS:

    1     THE ADDITIONAL/JOINT/DEPUTY/ASSISTANT
          COMMISSIONER OF INCOME TAX/
          INCOME TAX OFFICER,
          NATIONAL E-ASSESSMENT CENTRE,
          DELHI 110 001.
    2     NATIONAL FACELESS APPEAL CENTRE,
          DELHI 110 001,
          REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER.
    3     THE COMMISSIONER OF INCOME TAX(APPEALS)
          AYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR,
          THRISSUR 680 001.
          BY ADV JOSE JOSEPH, SC


     THIS WRIT PETITION      (CIVIL) HAVING COME UP      FOR
ADMISSION ON 20.10.2021,     THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.17417/21                   -:2:-




                     BECHU KURIAN THOMAS, J.
                      -----------------------------------------
                         W.P.(C) No.17417 of 2021
                      ----------------------------------------
                  Dated this the 20th day of October, 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 26.02.2021. 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 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.P3 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.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.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE vps

APPENDIX OF WP(C) 17417/2021

PETITIONER'S/S' EXHIBITS EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2018-19 DTD. 26.02.2021.

EXHIBIT P2 COPY OF WEB PAGE SCREEN SHOT EVIDENCING THE INABILITY TO FILE THE APPEAL DTD.

                         08.05.2021
EXHIBIT P3               COPY OF APPEAL FILED BY THE PETITIONER
                         BEFORE    THE  3RD   RESPONDENT   DTD.
                         12.08.2021.
EXHIBIT P4               COPY OF STAY PETITION FILED BY THE

PETITIONER BEFORE THE 3RD RESONANT DTD. 04.8.2021.

EXHIBIT P5 COPY OF COVERING LETTER OF THE PETITIONERS CHARTERED ACCOUNTANT FILED BEFORE THE 3RD RESPONDENT DTD.

11.08.2021.

EXHIBIT P6 COPY OF JUDGMENT OF THIS HONBLE COURT IN WPC NO. 14954/2021 DTD. 28.07.2021.