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TMI Blog2022 (3) TMI 1244X X X X Extracts X X X X X X X X Extracts X X X X ..... - We are not inclined to interfere with the order impugned herein. However, the appellant shall submit the reasons for reopening the assessment under section 148 of the Act, within a period of two weeks from the date of receipt of a copy of this judgment. On receipt of the same, the respondents / co-operative societies shall file their objections to the notices issued u/s 148, within a period of four weeks. Thereafter, the appellant shall consider the same and pass appropriate orders, in the manner known to law, as expeditiously as possible. - Writ Appeal Nos.2993, 2994, 2997 and 2999 of 2021 And CMP Nos. 20463, 20473, 20474, 20478, 20482, 20492 and 20493, of 2021 - - - Dated:- 10-3-2022 - Honourable Mr. Justice R. Mahadevan And Honoura ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12,22,516/-, ₹ 13,34,883/- and ₹ 35,97,592/- respectively. Aggrieved by such demand, the respondents filed statutory appeals before the Commissioner of Income Tax (Appeals), Coimbatore. Pending appeals before the Appellate Authority, the respondents/co-operative societies received notices dated 28.03.2019 intimating that the appellant herein proposed to assess/re-assess the income/loss for the assessment year 2012-2013 inasmuch as the income earned by them had escaped assessment. On receipt of such notices dated 28.03.2019, the respondents sent their replies on 26.04.2019/02.05.2019 stating that they are primary agricultural cooperative societies and are eligible for deduction under section 80P of the Act. It was also stated in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nding. Having regard to the same, the learned Judge in the order impugned herein, issued the following directions: a)All the four impugned notices will be kept in abeyance and there will be no further proceedings pursuant to the same until disposal of the Special Leave Petitions said to have been filed by respondent/Revenue in Hon'ble Supreme Court against the aforesaid order of Hon'ble Division Bench of this Court particularly order dated 02.08.2016 in Tax Case Appeal Nos.484-487 and 490 of 2016. b) Subject to the outcome of the aforesaid Special Leave Petitions, i.e., if the Special Leave Petitions are in favour of the Revenue, the impugned orders will stand revived and law will take its course. If the aforesaid scenario ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and if he so desires, to seek reasons for issuing notices. The Assessing Officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order. In the instant case, as the reasons have been disclosed in these proceedings, the Assessing Officer has to dispose of the objections, if filed, by passing a speaking order, before proceeding with the assessment in respect of the above said five assessment years. By pointing out the above decision of the Honourable Supreme Court, it is submitted that when a notice was issued under Section 148 of the Act, the noticee must submit thei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Department to withdraw the appeal while keeping the question of law open for consideration. The order dated 17.01.2020 passed by the Honourable Supreme Court reads as follows: Permission granted, subject to just exceptions. The special leave petition and pending applications are dismissed as withdrawn, leaving questions(s) of law open. Therefore, the learned Senior Standing Counsel appearing for the appellant submitted that the order passed by the learned Judge, which is impugned in these writ appeals, will be followed by the appellant, while proceeding further, in the case of the respondents / co-operative societies. 7. On the above submissions made on the side of the appellant, the learned counsel appearing for the res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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