The Perinthalmanna Co-Operative ... vs The Income Tax Officer
2023 Latest Caselaw 1977 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                        WP(C) NO. 3696 OF 2023


PETITIONER:

            THE PERINTHALMANNA CO-OPERATIVE AGRIOULTURAL
            & RURAL DEVELOPMENT BANK LTD. NO.P505
            PERINTHALMANNA, MALAPPURAM,
            PIN - 679322
            REPRESENTED BY ITS SECRETARY.

            BY ADVS.
            V.KRISHNA MENON
            E.K.MADHAVAN
            P.VIJAYAMMA
            J.SURYA
            PRINSUN PHILIP



RESPONDENTS:

    1       THE INCOME TAX OFFICER
            WARD (2), TIRUR, PIN - 676001

    2       THE COMMISSIONER OF INCOME-TAX (APPEALS)
            AAYAKAR BHAVAN, KOZHIKODE, PIN - 673001

            SRI. JOSE JOSEPH, SC.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3696 OF 2023
                                  2




                            T.R. RAVI, J.
             --------------------------------------------
                     W. P. (C). No.3696 of 2023
              --------------------------------------------
              Dated this the 3rd day of February, 2023

                            JUDGMENT

The petitioner is a Co-operative Society registered under the

Kerala Co-operative Societies Act, 1969. The petitioner has been

assessed for tax as per Ext.P1 order rejecting the claim for

deduction made under Section 80P of Income Tax Act on the ground

that there was no evidence to show that the petitioner has satisfied

the ingredients of the Primary Agricultural Credit Society as

contemplated under the Kerala Co-operative Societies Act. Reliance

is placed on the judgment of the Hon'ble Supreme Court in Mavilayi

Service Co-operative Bank Ltd. v. Commissioner of Income

Tax reported in (2021 (1) KLT 485) to challenge the assessment

order. The petitioner has preferred Ext.P2 appeal and the same is

pending before the 2nd respondent.

Since the petitioner has already availed a statutory remedy,

this writ petition is disposed of directing the Appellate Authority to

consider the appeal and pass orders on the same at the earliest. The WP(C) NO. 3696 OF 2023

respondents shall not take any coercive steps against the petitioner

pursuant to Ext.P1 assessment order till the disposal of Ext.P2

appeal.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 3696 OF 2023

APPENDIX OF WP(C) 3696/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE ASSESSMENT ORDER DATED 21.12.2017

Exhibit P1(a) A TRUE COPY OF THE NOTICE OF DEMAND DATED 21.12.2017

Exhibit P2 A TRUE COPY OF THE MEMORANDUM OF APPEAL BEFORE 2ND RESPONDENT