Remanded

The Mundur Service Co-Operative Bank Ltd. v. the Additional/Joint/Deputy/Assistant Commissioner of Income Tax/

Kerala HC20 Oct 2021WP(C)/17417/2021

Case brief

AI extract

What is this about?

The High Court directed the Income Tax Appellate Authority to dispose of the petitioner's pending appeal expeditiously and barred coercive steps till disposal, implying no immediate right to section 80P deduction.

What did the court decide?

Petition allowed; direction to Appellate Authority to dispose Ext.P3 expeditiously; no coercive steps till disposal.

The Mundur Service Co-Operative Bank Ltd. Vs the… — Income Tax | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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WEDNESDAY, THE 20^TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943

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WP(C) NO. 17417 OF 2021

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PETITIONER:

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THE MUNDUR SERVICE CO-OPERATIVE BANK LTD. NO.F. 1650, MUNDUR, PALAKKAD 678 592, REPRESENTED BY ITS ASSISTANT SECRETARY, RAVIKUMAR K.

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

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RESPONDENTS:

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1 THE ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/

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INCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE, DELHI 110 001.

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2 NATIONAL FACELESS APPEAL CENTRE, DELHI 110 001, REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER.

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3 THE COMMISSIONER OF INCOME TAX(APPEALS) AYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR 680 001.

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BY ADV JOSE JOSEPH, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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-:2:-

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W.P.(C) No.17417/21

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BECHU KURIAN THOMAS, J.

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----------------------------------------W.P.(C) No.17417 of 2021

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Dated this the 20^th day of October, 2021

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JUDGMENT

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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 26.02.2021. 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.

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While assailing the assessment order before the 3^rd 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.

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W.P.(C) No.17417/21

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-:3:-

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Since the petitioner has already preferred an appeal as Ext.P3 and the same is pending consideration before the 3^rd 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.

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Accordingly, there will be a direction to the 3^rd respondent to consider and pass appropriate orders on Ext.P3, as expeditiously as possible.

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Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuant to Ext.P1 assessment order.

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The writ petition is disposed of as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

vps

-:4:-

W.P.(C) No.17417/21

APPENDIX OF WP(C) 17417/2021

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PETITIO	NER'S/S'	EXHIBITS
EXHIBIT	P1	COPY OF ASSESS IST RESPONDENT 26.02.2021.	MENT ORDER ISSUED BY THE FOR THE YEAR 2018-19 DTD.
EXHIBIT	P2	COPY OF WEB PA THE INABILITY 08.05.2021	GE SCREEN SHOT EVIDENCING TO FILE THE APPEAL DTD.
EXHIBIT	P3	COPY OF APPEAL BEFORE THE 12.08.2021.	FILED BY THE PETITIONER 3RD RESPONDENT DTD.
EXHIBIT	P4	COPY OF STAY PETITIONER BEFO 04.8.2021.	PETITION FILED BY THE RE THE 3RD RESONANT DTD.
EXHIBIT	P5	COPY OF COV PETITIONERS CH	ERING LETTER OF THE ARTERED ACCOUNTANT FILED
		BEFORE THE 11.08.2021.	3RD RESPONDENT DTD.
EXHIBIT	P6	COPY OF JUDGMEN WPC NO. 14954/2	T OF THIS HONBLE COURT IN 021 DTD. 28.07.2021.

The Mundur Service Co-Operative Bank Ltd. v. the Additional/Joint/Deputy/Assistant Commissioner of Income Tax/

Case brief

What is this about?

What did the court decide?

The Mundur Service Co-Operative Bank Ltd. v. the Additional/Joint/Deputy/Assistant Commissioner of Income Tax/

Case brief

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What did the court decide?

What the court decided

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