IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, 09TH DAY OF MARCH 2020 19TH PHALGUNA, 1941 WP(C).No.6878 OF 2020(H) PETITIONER/S: VENGARA SERVICE CO-OPERATIVE RURAL BANK LIMITED, NO.1186, VENGARA P.O., VENGARA, MALAPPURAM, PIN - 673 635, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENT/S: 1 COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, KOZHIKODE - 673 001. 2 INCOME TAX OFFICER, WARD 3, TIRUR, MALAPPURAM DISTRICT, PIN - 676 001. OTHER PRESENT: SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.6878 OF 2020(H) 2 JUDGMENT petitioner, Primary Agricultural Credit Society, has approached this Court under Article 226 of Constitution of India for issuance of directions to Commissioner of Income (Appeals) for consideration of rectification application dated 29th of February 2020 preferred against common order dated 24th January 2020 within reasonable period and further seeking interim stay of order dated 3 rd March 2020, Exts.P7 and P8 raising demand of outstanding dues. 2. learned counsel for petitioner submits that petitioner is not Co-operative Bank and cannot be excluded from exemption as enshrined under Section 80P. reasoning assigned by Commissioner of Income Tax is suffering from error apparent on record and by noticing those errors, rectification application supported by various judgments is stated to be pending and prays for issuance of appropriate direction. 3. learned counsel for respondent points out that contents of rectification application do not make out any case of error apparent on record that it is only just WP(C).No.6878 OF 2020(H) 3 reference to judgments in order of Commissioner of Income Tax. While deciding appeal preferred against assessment orders, both authorities found out advancement of credit for two assessment years to extent of 2.4 % and 1.7%. petitioner failed to place on record any books of account to disbelieve such findings. remedy is to prefer appeal before Income Tax Appellate Tribunal and prays for dismissal of writ petition. 4. I have heard learned counsel for parties and apprised paper book, I would be refraining myself from commenting, regarding merit or demerit of rectification application, prima facie this Court is of view that hardly any cases of rectification as orders sought to be recalled on basis of error apparent on record based upon appreciation of evidence and accounts noticing disbursement of amount to be 100% percentage as referred to above. Be that as it may, without commenting upon any merit of matter and may not prejudice to rights, I dispose of writ petition with direction to Commissioner of Income Tax (Appeals) to decide rectification application, Ext.P6 dated 29th of February 2020 WP(C).No.6878 OF 2020(H) 4 as expeditiously as possible within period of 45 days from date of receipt of copy of this judgment. writ petition stands disposed of. Any observations hereinabove would not be construed as expression of opinion on merit, in case petitioner chose to file appeal. Sd/- AMIT RAWAL sab JUDGE WP(C).No.6878 OF 2020(H) 5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER DATED 26/12/2017 ISSUED BY 2ND RESPONDENT FOR PERIOD 2015-16. EXHIBIT P2 COPY OF ASSESSMENT ORDER DATED 22/12/2018 ISSUED BY 2ND RESPONDENT FOR PERIOD 2016-17. EXHIBIT P3 COPY OF APPEAL FILED BY PETITIONER BEFORE 1ST RESPONDENT FOR PERIOD 2015-16 DATED 28/01/2018. EXHIBIT P4 COPY OF APPEAL FILED BY PETITIONER BEFORE 1ST RESPONDENT FOR PERIOD 2016-17 DATED 20/01/2019. EXHIBIT P5 COPY OF COMMON ORDER DATED 24/01/2020 ISSUED BY 1ST RESPONDENT. EXHIBIT P6 COPY OF RECTIFICATION APPLICATION FILED BY PETITIONER BEFORE 1ST RESPONDENT DATED 29/02/2020. EXHIBIT P7 COPY OF ORDER DATED 3/03/2020 ISSUED BY 2ND RESPONDENT FOR PERIOD 2015-16. EXHIBIT P8 COPY OF ORDER DATED 3/03/2020 ISSUED BY 2ND RESPONDENT FOR PERIOD 2016-17. Vengara Service Co-Operative Rural Bank Limited v. CIT (A), Kozhikode / ITO, Ward-3, Tirur