9911796707
TMI Blog2024 (8) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... he notices were issued u/s 148 and thus, the respective impugned orders have been passed. HELD THAT:- The Court is of the view that the final issue relating to the availability of exemption under Section 80P(2)(d) of the Act, cannot be decided under Article 226 of the Constitution of India. In these cases, no doubt the petitioners have neglected. However, the petitioners do deserve one more opportunity to went out their grievances in the re-assessment proceedings. Therefore, the cases are remitted back to the respondent to pass fresh orders on merits and in accordance with law from the stage of show cause notice after the issuance of Section 148 notices to the respective petitioners, since the petitioners have neglected by not filing of Ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de investments in the Co-operative Banks, from whom, they have received interest and therefore, the case of the petitioner is that the respective petitioners are entitled to the deduction under Section 80P(2)(d) of the Act, on the interest received from the Co-operative Banks. 4. The respective petitioners have blamed their Auditors for not filing the regular Returns under Section 139(4) of the Act. The respective petitioners were, therefore, issued with notices under Section 148A(d) of the Act, which were also not responded by the respective petitioners and ultimately, it was culminated in the orders passed under Section 148A(d) of the Act and notices under Section 148 of the Act. 5. After the notices were sent to the respective petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raft Assessment Order to the best of its judgment, either accepting the income or was payable or was refundable to the assessee as per his Return or making such variation to the said income or same and send a copy of the said order to the National Faceless Assessment Centre. ..... 14. It is evident that under Sub clause (xvi) to Sub section (1) to Section 144B of the Income Tax Act, 1961, as it stood in case any variation prejudicial to the interest of the assessee, the National Faceless Assessment Centre is required to serve a notice calling upon the assessee to Show Cause as to why the proposed variation should not be made. 15. As impugned order has been passed over looking as safeguard prescribed under the above provision, the Court is i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve impugned orders have been passed. 13. Having considered the submissions made by the learned counsel for the respective petitioners and the learned Standing Counsel for the respondent in all Writ Petitions, the Court is of the view that the final issue relating to the availability of exemption under Section 80P(2)(d) of the Act, cannot be decided under Article 226 of the Constitution of India. 14. In these cases, no doubt the petitioners have neglected. However, the petitioners do deserve one more opportunity to went out their grievances in the re-assessment proceedings. Therefore, the cases are remitted back to the respondent to pass fresh orders on merits and in accordance with law from the stage of show cause notice after the issuance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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