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TMI Blog2022 (4) TMI 240X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 148 of the Act and thereafter, act upon in the manner known to law. 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 / cooperative societies shall file their objections to the notices issued u/s 148, within a period of four weeks. - Writ Appeal Nos. 689, 690, 692, 693 and 695 of 2022 And CMP.Nos. 4810, 4812, 4809, 4811, 4814, 4818, 4819, 4833 and 4834 of 2022 - - - Dated:- 28-3-2022 - Honourable Mr. Justice R. Mahadevan And Honourable Mr.Justice J. Sathya Narayana Prasad For the App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the Commissioner of Income Tax (Appeals), Coimbatore. Pending appeals before the Appellate Authority, the respondents/co-operative societies received notices dated 26.03.2019 / 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, 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 the replies that the respondents have already filed writ petitions before this Court and therefore, requested to defer all further action. Upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 unfolds, it is open to the writ petitioner assessee to take all objections and defences available to section 148 notice including calling for reasons and limitation. c) If the Special Leave Petitions end in favour of asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 their return inter alia seeking for the reasons which prompted the Assessing Officer to issue such a notice. Thereafter, it is for the Assessing Officer to consider the return and pass appropriate orders. While so, the learned Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 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 respondents /writ petitioners submitted that in view of the change in scenario, the respondents / co-operative societies are inclined to appear before the assessing officer, by submitting their explanations and seek the reason for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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