The Polpully Service ... vs The Commissioner Of Income Tax ...
2022 Latest Caselaw 7748 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                       WP(C) NO. 20970 OF 2022
PETITIONER:

            THE POLPULLY SERVICE CO-OPERATIVE BANK LIMITED,
            NO.F 1198,
            POLPULLY, PALAKKAD DISTRICT, PIN-678 622,
            REPRESENTED BY ITS SECRETARY.

            BY ADV O.D.SIVADAS



RESPONDENTS:

    1       THE COMMISSIONER OF INCOME TAX (APPEALS)
            AYAKAR BHAVAN, SHAKTAN NAGAR, THRISSUR, PIN - 680 001.

    2       THE INCOME TAX OFFICER,
            WARD 2, AAYKAR BHAVAN, ENGLISH CHURCH ROAD,
            PALAKKAD, PIN - 678 014.

            BY SRI. JOSE JOSEPH (SC)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20970 OF 2022

                                    2


                               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 20.12.2016. 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 1 st

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] now governs the field thereby rendering

the assessment itself as incorrect.

3. Since the petitioner has already preferred an appeal

as Ext.P3 and the same is pending consideration before the 1 st

respondent, I deem it fit that this writ petition be disposed of

directing the competent Appellate Authority to consider the

appeal in a time bound manner.

WP(C) NO. 20970 OF 2022

4. Accordingly, there will be a direction to the 1 st

respondent / competent Appellate Authority 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/-

GOPINATH P.

JUDGE DK WP(C) NO. 20970 OF 2022

APPENDIX OF WP(C) 20970/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 20.12.2016 ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2014-15.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 20.12.2016 ISSUED BY THE 2ND RESPONDENT OF UNDER SECTION 156 OF THE INCOME TAX ACT FOR ASSESSMENT YEAR 2014-15.

Exhibit P3 TRUE COPY OF THE APPEAL DATED 24.01.2017 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2014-15.

Exhibit P4 TRUE COPY OF THE PROCEEDING DATED 9.6.2022 ISSUED BY THE 2ND RESPONDENT IN RELATION TO THE ASSESSMENT YEAR 2014-15.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 6.09.2021 IN WP(C).NO. 18004 OF 2021 RENDERED BY THIS HON'BLE COURT.