Palluruthy Mandalam Service ... vs The Income Tax Officer (Nfac)
2024 Latest Caselaw 28641 Ker

Kerala High Court

Palluruthy Mandalam Service ... vs The Income Tax Officer (Nfac) on 26 September, 2024

Author: P Gopinath

Bench: P Gopinath

                                                          2024:KER:71635



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

    THURSDAY, THE 26TH DAY OF SEPTEMBER 2024 / 4TH ASWINA, 1946

                        WP(C) NO. 33748 OF 2024

PETITIONER/S:

          PALLURUTHY MANDALAM SERVICE CO-OPERATIVE BANK LTD.,
          NO.65, PALLURUTHY P.O., KOCHI, ERNAKULAM DISTRICT
          REPRESENTED BY ITS SECRETARY, PIN - 682006

          BY ADVS.
          C.A.JOJO
          JOSEPH ANU A.A



RESPONDENT/S:

    1     THE INCOME TAX OFFICER (NFAC),
          NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK,
          NEW DELHI, PIN - 110001

    2     THE INCOME TAX COMMISSIONER (APPEALS),
          NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK,
          NEW DELHI, PIN - 110001

    3     THE INCOME TAX RECOVERY OFFICER,
          THE OFFICE OF THE TAX RECOVERY OFFICER,
          CENTRAL REVENUE BUILDING, I.S PRESS ROAD, KOCHI,
          ERNAKULAM, PIN - 682018




          SRI. JOSE JOSEPH (SR SC)
          SRI. CYRIAC TOM(SC)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                            2024:KER:71635
WP(C) NO. 33748 OF 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 16.03.2024. 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.

2. While assailing the assessment order before the

2nd 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

appeal as Ext.P3 and the same is pending consideration

before the 2nd 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.

2024:KER:71635

4. Accordingly, there will be a direction to the 2 nd

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.P1

assessment order and Exts.P2 and P4 demand notices.

The writ petition is disposed of as above.

Sd/-

GOPINATH P. JUDGE ajt 2024:KER:71635

APPENDIX OF WP(C) 33748/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2022-23 DATED 16.03.2024 ISSUED BY THE FIRST RESPONDENT

Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE FOR AN AMOUNT OF RS.6,64,58,484/- U/S 156 DATED 16.03.2024 ISSUED BY THE FIRST RESPONDENT

Exhibit P3 A TRUE COPY OF THE APPEAL DATED 13.04.2024 SUBMITTED BEFORE THE 2ND RESPONDENT

Exhibit P4 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT DATED 11.09.2024

Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WP (C) NO.26424 OF 2024 DATED 24.07.2024