Pattom Service Co-Operative Bank ... vs The Central Board Of Direct Taxes
2022 Latest Caselaw 5905 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                       WP(C) NO. 17553 OF 2022
PETITIONER:

            PATTOM SERVICE CO-OPERATIVE BANK LTD. NO.T 1318,
            MEDICAL COLLEGE, KANNAMMOOLA P.O.,
            TRIVANDRUM - 695 011, REPRESENTED BY ITS SECRETARY
            SREEJI S.

            BY ADVS.
            K.P.PRADEEP
            HAREESH M.R.
            SANAND RAMAKRISHNAN
            T.T.BIJU
            T.THASMI
            M.J.ANOOPA
            SANU S MALAKEEL



RESPONDENTS:

    1       THE CENTRAL BOARD OF DIRECT TAXES,
            DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,
            GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI- 110 001,
            REPRESENTED BY ITS CHAIRMAN.

    2       INCOME TAX OFFICER,
            CIRCLE CENTRAL, KOLLAM, AAYAKAR BHAVAN,
            INCOME TAX OFFICE, NEAR KARBALA JUNCTION,
            RAILWAY STATION ROAD, KOLLAM - 691 001.

    3       COMMISSIONER OF INCOME TAX (APPEALS),
            NATIONAL FACELESS APPEAL CENTRE (NFAC),
            DELHI, ROOM NO.401, 2ND FLOOR, E-RAMP,
            JAWAHARLAL NEHRU STADIUM, DELHI-110 003.

            BY SRI.CHRISTOPHER ABRAHAM, STANDING COUNSEL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17553 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 22.03.2022. 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 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] now governs the field thereby rendering

the assessment itself as incorrect.

3. Since the petitioner has already preferred an appeal

as Ext.P2 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.

WP(C) NO. 17553 OF 2022

4. Accordingly, there will be a direction to the 3 rd

respondent to consider and pass appropriate orders on Ext.P2,

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. 17553 OF 2022

APPENDIX OF WP(C) 17553/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER NO ITBA/AST/S/147/2021-22/1041277582(1) DATED 22-03-2022 ISSUED FOR THE YEAR 2018-19 BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE APPEAL DATED 21-04-

2022 FILED FOR THE YEAR 2018-19 BEFORE THE 3RD RESPONDENT BY THE PETITIONER.

Exhibit P3 TRUE COPY OF THE DEMAND NOTICE ITBA/AST/S/156/2021-22/1041277601(1) DATED 22-03-2022 FOR THE YEAR 2018-19 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.