EDAMUTTAM SERVICE CO-OPERATIVE BANK LTD. NO. R 305, V. THE COMMISSIONER OF INCOME TAX APPEALS,

WP(C)/348/2022

AI Insights

The case involves Edamuttam Service Co-operative Bank Ltd., a Primary Agricultural Credit Society, which contested an assessment order rejecting its claim for deduction under Section 80P of the Income Tax Act. The assessment order, issued on 11.03.2021, was challenged on the grounds that the assessing officer did not consider a relevant Supreme Court judgment (Mavilayi Service Cooperative Bank Ltd. v. Commissioner of Income Tax) that could have influenced the decision. The petitioner had already filed an appeal against the assessment order, which was pending before the Commissioner of Income Tax (Appeals). The High Court's intervention was sought to expedite the appellate process and prevent any immediate coercive actions based on the disputed assessment order.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 751600 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 06-01-2022
• Assessment Year: misc
• Other Referred Cases: Mavilayi Service Cooperative Bank Ltd. v. Commissioner of Income Tax [2021 (1) KLT 485]
• Laws Referred To: Kerala Co-operative Societies Act, 1969, Section 80P
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: P C SASIDHARAN
• Keywords: Appeal; Assessment Order; Deduction; Income Tax; Primary Agricultural Credit Society
• Section: 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 6TH DAY OF JANUARY 2022 / 16TH POUSHA, 1943 WP(C) NO. 348 OF 2022 PETITIONER : EDAMUTTAM SERVICE CO-OPERATIVE BANK LTD. NO. R 305, P.O. EDAMUTTAM, PIN 680 568, THRISSUR, REPRESENTED BY ITS SECRETARY. 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 - 110 002. 2 THE PRINCIPAL COMMISSIONER OF INCOME TAX, O/O. THE PRINCIPAL COMMISSIONER OF INCOME TAX, AYAKAR BHAVAN, MANANCHIRA, KOZHIKODE, KERALA - 673 001. 3 THE INCOME TAX OFFICER, WARD 1 AND TPS, CITY PLAZA, INCOME TAX OFFICE, WEST NADA, GURUVAYOOR - 680 101 SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 348 OF 2022 2 BECHU KURIAN THOMAS, J. =-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No.348 of 2022 =-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 6th day of January, 2022 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 11.03.2021. 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 first 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 WP(C) NO. 348 OF 2022 3 Ext.P3 and the same is pending consideration before the first 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 first 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. The writ petition is disposed of as above. Sd/- BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 348 OF 2022 4 APPENDIX OF WP(C) 348/2022 PETITIONER'S EXHIBITS : Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER FOR ASSESSMENT YEAR 2018-19 DATED 11.03.2021 ISSUED BY THE 1ST RESPONDENT. Exhibit P2 TRUE COPY OF DEMAND NOTICE FOR THE ASSESSMENT YEAR 2018-19 DATED 11.03.2021. Exhibit P3 TRUE COPY OF THE APPEAL AGAINST THE ORDER FOR THE ASSESSMENT YEAR 2018-19 DATED 13.04.2021. Exhibit P4 TRUE COPY OF THE ACKNOWLEDGEMENT OF RECEIPT OF FORM DATED 13.04.2021 EVIDENCING OF FILING APPEAL FOR THE ASSESSMENT YEAR 2018-19. Exhibit P5 TRUE COPY OF THE STAY PETITION FOR THE ASSESSMENT ORDER FOR THE YEAR 2018-19 DATED 19.05.2021. Exhibit P6 TRUE COPY OF THE ORDER FOR THE ASSESSMENT YEAR 2018-19 ISSUED BY THE 3RD RESPONDENT DATED 16.11.2021. Exhibit P7 TRUE COPY OF STAY PETITION FOR THE ASSESSMENT YEAR 2018-19 FILED BY THE PETITIONER DATED 29.11.2021 BEFORE THE 2ND RESPONDENT. Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P.C NO. 14282/2021 DATED 19.07.2021. Exhibit P9 THE TRUE COPY OF THE JUDGMENT IN W.P.C NO. 26935/2021 DATED 20.11.2021. "