Wp/11219/2024 Of Rajahmundry Gandhipuram Cooperative Building Society Limited v. The Income Tax Officer

APHC010225582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3507] MONDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE G.NARENDAR THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.11219/2024 Between: Rajahmundry Gandhipuram Cooperative Building ...PETITIONERSociety Limited AND The Income Tax Officer and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.R K ACHARYULU Counsel for the Respondent(S): 1.ANUP KOUSHIK KARAVADI JUDGMENT:-(per Hon’ble Sri Justice T.C.D.Sekhar) 1. The writ petition is a Co-operative Building Society, registered under Societies Act, 1860 bearing Number No.B-793, dt.28.07.1948. The petitioner further contends that, for the assessment year 2018-2019, it filed Income Tax returns on 09.11.2018 offering Rs.47,819/- as gross and net income and the petitioner’s PAN was trust status. Since the portal did not allow to file the return under ITR-V, the return was filed under Form ITR-VII without claiming any exemptions. 2. After scrutiny, notice under section 142(1) of Income Tax, 19061 was issued on 13.11.2020 by requesting the petitioner to furnish income and expenditure statement along with the detailed note of all objectives of trust and the activities carried out along with trust deed/Memorandum of association, Certificate of Registration etc.. 3. The petitioner was also received another notice dt.14.01.2021 and in response to the said notice, it upload the required details. The 4[th] respondent after verifying material, passed assessment order dt.03.03.2021 under Section 143(3) of the Act accepting the return of the petitioner showing the same payable by the petitioner for the year 2018-2019 as ‘Zero’. 4. However in the computation sheet, the system automatically taken the table under section 115 TD of the Act, and computed the tax of Rs.3,10,29,478/- (including interest of Rs.82,13,685/-) at the rate of 30% of the amount of the accredited income of Rs.7,60,52,642/-. Thereafter, the petitioner filed ratification application dt.04.03.2021, before the Income Tax Officer (exemptions), Rajahmundry under Section 154 of the Act to rectify the said mistake apparent from the record in the computed sheet which was inadvertently computed. 5. Thereafter the 1[st]respondent issued notice dt.17.05.2023, directing the petitioner to pay the demand of Rs.3,10,29,480/- to which the petitioner has replied on 04.03.2021 stating that rectification application is pending. Thereafter, the respondents have issued another notice dt.25.04.2024 raising the same demand to which the petitioner has filed a reply dt.29.04.2024, reiterating that the petitioner is not liable to pay the demanded tax and rectification application dt.04.03.2021 is pending consideration. Despite the same, the department is insisting to pay the said amount and threatening to take coercive action in the matter. 6. Aggrieved by the said action of the department is insisting to pay amount demanded, the present Writ Petition is filed. 7. During the course of hearing, both the counsels have agreed to dispose of the writ petition by directing the respondents more particularly, the 3[rd] respondent herein to dispose of the rectification application dt.04.03.2021, filed by the petitioner, which would address the issue in the present writ petition. 8. In that view of the matter, taking into consideration of the submissions made by both the counsels, without going to the merits of the case, this Court directs the 3[rd] respondent to dispose of the rectification application dt.04.03.2021, in accordance with law, within a period of three (03) months from the date of receipt of copy of the order, till the disposal of the same, the respondents are directed not to take any coercive steps against the petitioner. 9. With the above observations, the present Writ Petitions stands disposed of. No order as to costs. 8. In that view of the matter, taking into consideration of the submissions made by both the counsels, without going to the merits of the case, this Court directs the 3[rd] respondent to dispose of the rectification application dt.04.03.2021, in accordance with law, within a period of three (03) months from the date of receipt of copy of the order, till the disposal of the same, the respondents are directed not to take any coercive steps against the petitioner. 9. With the above observations, the present Writ Petitions stands disposed of. No order as to costs. 10. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. _______________ G.NARENDAR, J ________________ T.C.D. SEKHAR, J 23.12.2024 DR 66 DR HON’BLE SRI JUSTICE G.NARENDAR AND HON’BLE SRI JUSTICE T.C.D. SEKHAR WP.No.11219 of 2024Dated 23.12.2024