Kerala High Court
Kallamkunnu Service Co-Operative Bank ... vs Assessment Unit on 5 September, 2024
Author: P Gopinath
Bench: P Gopinath
2024:KER:68045
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 31456 OF 2024
PETITIONER:
KALLAMKUNNU SERVICE CO-OPERATIVE BANK LIMITED,
KALLAMKUNNU P.O., NADAVARAMBA, THRISSUR,
REPRESENTED BY ITS SECRETARY SRI. GANESH C.K.,
PIN - 680 683.
BY ADVS.
K.S.HARIHARAN NAIR
G.REMADEVI
HARIMA HARIHARAN
RAJATH R NATH
DHEERAJ SASIDHARAN
SREE HARIDEV
RESPONDENTS:
1 ASSESSMENT UNIT,
REPRESENTED BY PRINCIPAL CHIEF COMMISSIONER,
NATIONAL FACELESS ASSESSMENT CENTRE,
INCOME TAX DEPARTMENT, MAYUR BHAWAN,
CONNAUGHT LANE, NEW DELHI, PIN - 110 001.
2 COMMISSIONER OF INCOME TAX (APPEALS),
NATIONAL FACELESS APPEAL CENTRE, C-BLOCK,
4TH FLOOR, S.P.M CIVIC CENTER, NEW DELHI,
PIN - 110 001.
BY ADVS.
CHRISTOPHER ABRAHAM (Sr.SC)
P.R.AJITH KUMAR (SC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) 31456/2024 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 20.03.2024. 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. The petitioner has
preferred Ext.P2 appeal together with Ext.P3 application
for condonation of delay in filing the appeal. The petitioner
has also filed Ext.P4 application for stay before the
Appellate Authority.
2. While assailing the assessment order before the 2 nd
respondent, petitioner has sought to canvas that the
judgment of the Supreme Court in Mavilayi Service Co-
operative Bank Ltd. and others v. Commissioner of
2024:KER:68045
Income Tax and another [2021 (1) KLT 485 SC] now
governs the field thereby rendering the assessment itself
as incorrect. Learned counsel appearing for the petitioner
would submit that, pending consideration of the
application for condonation of delay and the application for
stay, any proceedings for recovery of amounts assessed as
due under Ext.P1 order may be deferred.
3. Heard the learned Standing Counsel appearing for
the respondents.
4. Having heard the learned counsel appearing for
the petitioner and the learned Standing Counsel appearing
for the respondents and having regard to the limited
nature of relief now sought for by the petitioner, this writ
petition will stand disposed of, directing the 2 nd respondent
(Appellate Authority) to consider and pass orders on Ext.P3
application for condonation of delay as also on Ext.P4
application for stay, after affording an opportunity of
hearing to the petitioner, within a period of six weeks from
the date of receipt of a certified copy of this judgment. Till
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such time as orders are passed on Ext.P3 application for
condonation of delay and Ext.P4 application for stay, any
proceedings for recovery of amounts due under Ext.P1
shall remain suspended. It is made clear that the Appellate
Authority needs to pass orders on the merits of Ext.P4
application for stay, only if he decides to condone the delay
in filing Ext.P2 appeal.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
ats
2024:KER:68045
APPENDIX OF WP(C) 31456/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF ASSESSMENT ORDER DATED
20-03-2024 ISSUED BY THE 1ST RESPONDENT FOR
THE ASSESSMENT YEAR 2022-23.
Exhibit P2 TRUE COPY OF APPEAL MEMORANDUM DATED
03-09-2024 FILED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE DELAY CONDONATION PETITION
DATED 03-09-2024 FILED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE STAY PETITION DATED
03-09-2024 FILED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
