The Koduvayur Service ... vs The ...
2023 Latest Caselaw 3482 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                       WP(C) NO. 10355 OF 2023
PETITIONER:

            THE KODUVAYUR SERVICE CO-OPERATIVE BANK LTD.
            NO. P.756, KODUVAYUR, PALAKKAD , REPRESENTED BY ITS
            SECRETARY-IN-CHARGE, SUJEESH.K.K, PIN - 678521

            BY ADVS.
            HARISANKAR V. MENON
            MEERA V.MENON
            R.SREEJITH
            K.KRISHNA



RESPONDENTS:

    1       THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF
            INCOME TAX/INCOME TAX OFFICER
            NATIONAL FACELESS E-ASSESSMENT CENTRE, DELHI, PIN -
            110001

    2       NATIONAL FACELESS APPEAL CENTRE
            DELHI , REPRESENTED BY THE COMMISSIONER OF INCOME TAX
            (APPEALS)., PIN - 110001


OTHER PRESENT:

            SRI. JOSE JOSEPH, SC.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10355 of 2023
                                     2

                              T.R. RAVI, J.
              --------------------------------------------
                    W.P.(C) No.10355 of 2023
                  --------------------------------------------
             Dated this the 24th day of March, 2023

                                JUDGMENT

The petitioner is a Service 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; 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 the statutory

remedy, this writ petition is disposed of directing the WP(C) NO. 10355 of 2023

Appellate Authority to consider the appeal and pass orders on

the same at the earliest. The 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 TR WP(C) NO. 10355 of 2023

APPENDIX OF WP(C) 10355/2023

PETITIONER EXHIBITS

Exhibit P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2021-22 DTD. 21- 12-2022

Exhibit P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 19-01-2023

Exhibit P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 19-01-2023