Karthedom Rural Co-Operative ... vs The Income Tax Officer
2022 Latest Caselaw 12540 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE GOPINATH P.
  FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                       WP(C) NO. 42475 OF 2022
PETITIONER:

            KARTHEDOM RURAL CO-OPERATIVE SOCIETY LTD. NO. 385
            KARTHEDOM MALIPURAM, KOCHI,
            ERNAKULAM, PIN - 682 511.
            REPRESENTED BY ITS SECRETARY
            BY ADVS.
                       M.SASINDRAN
                       SREEHARI INDUKALADHARAN


RESPONDENTS:

    1       THE INCOME TAX OFFICER
            NON CORP WARD 2(4) AND TPS KOCHI
            CENTRAL REVENUE BUILDING
            I S PRESS ROAD KACHERIPADY
            KOCHI KERALA, PIN - 682 018.


    2       THE COMMISSIOINER OF INCOME TAX (APPEALS)
            NATIONAL FACELESS APPEALS CENTRE (NFAC)
            NEW DELHI., PIN - 110 001.


            BY ADV JOSE JOSEPH


OTHER PRESENT:

            ADV CHRISTOPHER ABRAHAM (SC)



     THIS     WRIT     PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   23.12.2022,      THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.42475/2022                 -:2:-




                              JUDGMENT

Petitioner is a Primary Agricultural Credit Society

registered under the Kerala Co-operative Societies Act,

1969. Ext.P2 order of assessment was issued against the

petitioner on 30.03.2022. 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 2nd

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 an appeal

as Ext.P4 and the same is pending consideration before the

2nd 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 2nd

respondent to consider and pass appropriate orders on

Ext.P4, as expeditiously as possible.

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

shall be initiated against the petitioner pursuant to Ext.P2

assessment order.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 42475/2022

PETITIONER EXHIBITS

Exhibit1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 21.12.2015 ISSUED BY THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM

Exhibit P2 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2014-2015 DATED 30.03.2022

Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE NO.ITBA/AST/S/156/2021-22/1042162901(1) DATED 30.03.2022

Exhibit P4 A TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 06.07.2022

Exhibit P4(a) A TRUE COPY OF THE STAY PETITION FILED BEFORE THE 1ST RESPONDENT DATED 18.06.2022

Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 19.07.2019 IN W.A.NO.1639/2019