Kerala High Court
Cherpalacheri Service ... vs Additional/Joint/Deputy/Assistant ... on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 14745 OF 2021
PETITIONER :
CHERPALACHERI SERVICE CO-OPERATIVE BANK LTD,
CHERPALASSERI POST,PALAKKAD-678503.
-REPRESENTED BY ITS SECRETARY, PREMALATHA.M.
BY ADVS.
T.M.SREEDHARAN (SR.)
ALAN PRIYADARSHI DEV
V.P.NARAYANAN
RESPONDENTS :
1 ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF
INCOME TAX,
NATIONAL E-ASSESSMENT CENTRE, NEW DELHI - 110 001.
2 THE COMMISSIONER OF INCOME TAX(APPEALS),
NATIONAL FACELESS APPEAL CENTRE, NEW DELHI - 110 001.
BY ADVS.
P.K.RAVINDRANATHA MENON (SR.)
JOSE JOSEPH, SC, FOR INCOME TAX
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14745 OF 2021
2
BECHU KURIAN THOMAS, J.
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W.P.(C).No.14745 of 2021
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Dated this the 23rd day of September, 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 10.04.2021. 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 2nd
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
respondent, I deem it fit that this writ petition be disposed of
WP(C) NO. 14745 OF 2021
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. 14745 OF 2021
APPENDIX OF WP(C) 14745/2021
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER AND
DEMAND NOTICE DATED 10.04.2021 ALONG WITH
COMPUTATION OF INCOME AND DEMAND OF INCOME
TAX FOR AY 2018.
Exhibit P2 TRUE COPY OF THE APPEAL FILED BEFORE THE
2ND RESPONDENT DATED 6/5/2021
Exhibit P3 TRUE COPY OF THE STAY PETITION BEFORE THE
2ND RESPONDENT DATED 6/5/2021
