The Pazhavangadikara Service ... vs The Income Tax Officer
2022 Latest Caselaw 12085 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE GOPINATH P.
 THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                     WP(C) NO. 42106 OF 2022
PETITIONER:

            THE PAZHAVANGADIKARA SERVICE CO-OPERATIVE BANK
            LTD
            II/453A, PAZHAVANGADI P.O.,
            RANNY, PATHANAMTHITTA, PIN - 673 121.
            REPRESENTED BY ITS SECRETARY
            SREEKUMAR P. S.

            BY ADV SANTHOSH P.ABRAHAM


RESPONDENTS:

    1       THE INCOME TAX OFFICER,
            WARD NO. I AND TPS,
            THIRUVALLA., PIN - 689 101.

    2       THE ADDITIONAL/JOINT/ DEPUTY ASSESSMENT OF INCOME
            TAX/
            INCOME TAX OFFICER,
            NATIONAL E. ASSESSMENT CENTRE,
            NEW DELHI., PIN - 110 001.

    3       THE NATIONAL FACELESS APPEAL CENTRE,
            NEW DELHI, PIN - 100 001.
            REPRESENTED BY PRINCIPAL CHIEF COMMISSIONER.


            BY ADV JOSE JOSEPH



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   22.12.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.42106/2022         -:2:-




                        JUDGMENT

Petitioner is a Primary Agricultural Credit Society

registered under the Kerala Co-operative Societies Act,

1969. Exts.P1 & P2 assessment orders were issued against

the petitioner on 31-12-2019 & 21-09-2022 respectively. In

the assessment orders, 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 canvas that the

judgment of the Supreme Court in Mavilayi Service Co-

operative 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 appeals

as Exts.P3 and P4 and the same are pending consideration

before the 3rd 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

Exts.P3 and P4 as expeditiously as possible.

5. Till the disposal of the appeal, no coercive steps

shall be initiated against the petitioner pursuant to

Exts.P1& P2 assessment orders.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 42106/2022

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ASSESSMENT ORDER NO.AAAAT6882G/2017-18 DATED 31-12-2019 ISSUED BY THE 1ST RESPONDENT

Exhibit P-2 TRUE COPY OF THE ASSESSMENT ORDER NO.

AAAAT6882G/2020-21 DATED 21-09-2022 WITH THE COMPUTATION SHEET ISSUED BY THE 2ND RESPONDENT

Exhibit P-3 RESPONDENT, NATIONAL FACELESS APPEAL CENTRE, AGAINST THE IMPUGNED ASSESSMENT ORDERS. TRUE COPY OF THE APPEAL DATED 28- 01-2020 FOR THE YEAR 2017-18 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Exhibit P-4 . TRUE COPY OF THE APPEAL DATED 21-10-2022 FOR THE YEAR 2020-21 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Exhibit P-5 TRUE COPY OF THE STAY PETITION DATED 26-01-

2020 FOR THE YEAR 2017-18 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Exhibit P-6 TRUE COPY OF THE STAY PETITION DATED 20-10-

2022 FOR THE YEAR 2020-21 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Exhibit P-7 TRUE COPY OF THE NOTICE NO.AAAAT6882G/2020-

21 DATED 18-11-2022 ISSUED BY THE 1ST RESPONDENT