9911796707
TMI Blog2021 (4) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome within the meaning of clause (c) of Explanation 2 to Section 147 - HELD THAT:- As assessment order passed in respect of petitioner's trust for the Assessment Year 2013-14 is already under reference to the Settlement Commission in terms of Section 245F(2) of the Act, which has been allowed to be proceeded with under Section 245D of the Act. Further, proceedings of the Settlement Commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... J. N. Mathur, learned Senior Advocate assisted by Mr. Mudit Agarwal, learned Counsel for the petitioner and Mr. Manish Misra, learned Counsel for opposite party Nos.1, 2 and Issue notice to the opposite party No.4 returnable at an early date. Notice to opposite party No.5 stands dispensed with at this stage and may be issued subsequently. The petition has been filed against the notice dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on would remain stayed till disposal of the writ petition. The aforesaid writ petition after remand is pending consideration. It is further submitted that subsequently vide order dated 20.3.2019, the registration of petitioner's society was cancelled w.e.f. 1.4.2008. The said order was challenged in Writ Petition No.11887 (MB) of 2019 which is pending consideration. Learned Senior Counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iew of the fact that vide order dated 20.3.2019, the registration of petitioner's Trust has already been cancelled under Section 12AA of the Act and there being no interim order in Writ Petition No.11887 (MB) of 2019, the impugned notice is valid in law, particularly in view of the reasoning that as a result of exemption claimed under Section 11 in return of income for the Assessment Year unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pending consideration of this Court, it does not appear to reason as to why the fresh re-asseement notice was required to be issued at this stage. The matter requires consideration for which the opposite parties are granted four weeks' time to file detailed counter affidavit. List thereafter alongwith Writ Petition Nos.5195 (MB) of 2017, 11887 (MB) of 2019 and 35707 (MB) of 2019. Con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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