Kerala High Court
The Vallivattom Service Co-Operative ... vs The Commissioner Of Income Tax ... on 25 October, 2024
Author: P Gopinath
Bench: P Gopinath
2024:KER:79576
W.P (C) No.37656/2024 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 37656 OF 2024
PETITIONER/S:
THE VALLIVATTOM SERVICE CO-OPERATIVE BANK LTD.NO. 4170,
VALLIVATTOM, THRISSUR, REPRESENTED BY ITS SECRETARY,
PIN - 680123
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
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), AAYANKAR BHAVAN, INCOME TAX OFFICE, SHAKTHAN
THAMPURAN NAGAR, THRISSUR, PIN - 680001
BY ADVS.
ADV. P.G. JAYASHANKAR PGJ
KEERTHIVAS GIRI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:79576
W.P (C) No.37656/2024 -2-
JUDGMENT
Petitioner is a Co-operative Society registered under the Kerala Co-operative
Societies Act, 1969. Exhibit P1 order of assessment was issued against the petitioner
on 28-02-2024. In the assessment order, petitioner's claim for deduction was
rejected on the ground that the income of the petitioner is not eligible for deduction
under Section 80P of the Income Tax 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 Cooperative Bank Ltd. v. Commissioner of Income Tax; 2021
(1) KLT 485 was not considered by the assessing officer though the assessment
order was rendered subsequent to the Supreme Court Judgment.
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 Appellate Authority to consider the appeal in a
time bound manner.
4. Accordingly, there will be a direction to the 1 st respondent 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.P2 demand notice. The writ petition is disposed of as
above.
Sd/-
GOPINATH P.
JUDGE
AMG
2024:KER:79576
APPENDIX OF WP(C) 37656/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE
INCOME TAX DEPARTMENT FOR THE ASSESSMENT YEAR 2022-
2023 DATED 28-02-2024
Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE
INCOME TAX DEPARTMENT UNDER SECTION 156 OF INCOME
TAX ACT TO THE PETITIONER DATED 28/02/2024
Exhibit P3 THE TRUE COPY OF THE APPEAL FILED BY THE PETITIONER
BEFORE 1ST RESPONDENT DATED 30/03/2024
Exhibit P4 THE TRUE COPY OF THE ACKNOWLEDGEMENT OF RECEIPT OF
FORM SHOWING THE DATE OF FILING AS 30/03/2024
Exhibit P5 THE TRUE COPY OF THE ORDER ISSUED BY THE 3RD
RESPONDENT DATED 28/09/2024
Exhibit P6 THE TRUE COPY OF THE STAY PETITION DATED FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P7 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT GIVEN
BY THE INCOME TAX DEPARTMENT FOR FLILING THE STAY
PETITION
Exhibit P8 THE TRUE COPY OF THE JUDGMENT IN W.A.NO.1536 OF 2019
DATED 1/7/2019
Exhibit P9 THE TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
14282/2021 DATED 19/07/2021
Exhibit P10 THE TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
34067/2022 DATED 27/10/2022
