The Chentrappinni Service ... vs The Commissioner Of Income Tax ...
2023 Latest Caselaw 695 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

              THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944

                                WP(C) NO. 955 OF 2023

PETITIONER:

               THE CHENTRAPPINNI SERVICE CO-OPERATIVE BANK LTD NO.R.276
               CHENTRAPPINNI.P.O, THRISSR, REPRESENTED BY ITS SECRETARY., PIN -
               680687
               BY ADV P.C.SASIDHARAN


RESPONDENTS:

     1         THE COMMISSIONER OF INCOME TAX (APPEALS)
               NATIONAL FACELESS APPEAL CENTRE, ROOM NO. 356, C.R. BUILDING, IP
               ESTATE, DELHI, PIN - 110002
     2         THE PRINCIPAL COMMISSIONER OF INCOME TAX
               O/O THE PRINCIPAL COMMISSIONER OF INCOME TAX, AYAKAR BHAVAN,
               MANANCHIRA, KOZHIKODE, KERALA , PIN - 673001
     3         THE INCOME TAX OFFICER
               WARD 2(1), THRISSUR, OFFICE OF THE INCOME TAX OFFICER, THRISSUR,
               PIN - 680101
               BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) No. 955 of 2023
                                    ..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. 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 3rd 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 W.P. (C) No. 955 of 2023 ..3..

appeal as Ext.P3 and the same is pending

consideration before the Income Tax Appellate

Tribunal (1st respondent), I deem it fit that this writ

petition be disposed of directing the Tribunal to

consider the appeal in a time bound manner.

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

respondent to consider and pass appropriate orders

on Ext.P3, as expeditiously as possible within a

period of 2 months from the date of receipt of a copy

of this judgment.

5. Till the disposal of the appeal, no coercive

steps shall be initiated against the petitioner

pursuant to Ext.P1 order of assessment .

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE RMV W.P. (C) No. 955 of 2023 ..4..

APPENDIX OF WP(C) 955/2023

PETITIONER EXHIBITS Exhibit P1 . THE TRUE COPY OF THE ASSESSMENT ORDER DURING THE ASSESSMENT YEAR 2020-2021 DATED 09/09/2022 Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 09/09/2022 Exhibit P3 THE TRUE COPY OF THE APPEAL DATED 07/10/2022 Exhibit P4 THE TRUE COPY OF THE STAY PETITION DATED 06/10/2022 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN W.A.NO.1536 OF 2019 DATED 1/7/2019 Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN W.P(C) NO.14282/2021 DATED 19/7/2021 Exhibit P7 THE TRUE COPY OF THE JUDGMENT IN W.P(C) NO.

34067/2022 DATED 27/10/2022

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE