Wp(C)/4368/2023 Of Mulavoor Urban Co-Operative Society Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 9 DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945 WP(C) NO. 4368 OF 2023 PETITIONER/S: MULAVOOR URBAN CO-OPERATIVE SOCIETY LTD,NO. E 1068, REPRESENTED BY ITS SECRETARY, MULAVOOR POST, MUVATTUPUZHA, ERNAKULAM, PIN-686 673.BY ADVS.C.A.JOJOS.JIJI RESPONDENT/S: 1THE INCOME TAX OFFICER, WARD 1 & TPS, THODUPUZHA, TEMPLE BYPASS ROAD, THODUPUZHA, PIN-685 584., PIN - 685584THODUPUZHA, PIN-685 584., PIN - 685584 2THE INCOME TAX OFFICER,WARD 1 (1), C R BUILDING, I S PRESS ROAD, COCHIN-682 018.WARD 1 (1), C R BUILDING, I S PRESS ROAD, COCHIN-682 018. 3THE PRINCIPAL CHIEF COMMISSIONER,C R BUILDING, I S PRESS ROAD, COCHIN-682 018.BY ADV CHRISTOPHER ABRAHAMC R BUILDING, I S PRESS ROAD, COCHIN-682 018.BY ADV CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 9[th] day of February, 2024 The present writ petition has been filed by the petitioner,which is a registered Co-operative Society, allegedly engagedin the business of providing credit services, marketing ofagricultural products, Neethi Medical Shops among itsmembers. The petitioner did not filed return of his income forthe assessment year 2018-2019. The case of the petitionerwas reopened and notice dated 16.03.2022, under Section148A of the Income Tax Act (‘the Act’ for short) was issued. 2. The petitioner did not file any reply to the said showcause notice, and therefore, an order under Clause (b) ofSection 148A came to be passed on 24.03.2022. The assessingauthority was of the opinion that the petitioner’s income,which was morethan fifty lakhs had escaped assessment in theassessment year 2018-2019, and therefore, it was a fit casefor reopening under Section 147 of the Act and a notice underSection 148 were decided to be issued. Against the decisionunder Section 148(d), the petitioner has approached this courtby filing the present writ petition. 3.This court finds no ground to entertain this writpetition. This court should not interrupt the process which hascommenced by issuing notice under Section 148A and whereinan order under Section 148A(d) has been passed inaccordance with law. Learned counsel for the petitionersubmits that the final assessment order has not been passed. Considering the aforesaid submission, the petitioner isgranted 15 days time to file his return in response to thenotice issued under Section 148, and if the petitioner files thereturn, the assessing authority should examine the returnsand pass final assessment order in accordance with the law. The writ petition is dismissed as above. Sd/-DINESH KUMAR SINGHJUDGE APPENDIX OF WP(C) 4368/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 RESPONDENT EXHIBITSExhibit R1(a) A TRUE COPY OF THE NOTICE U/S 142(1) DATED12.12.2022 ISSUED BY THE 1ST RESPONDENT. A TRUE COPY OF THE REPLY SUBMITTED TO THE 1ST RESPONDENT DATED 21.12.2022 A TRUE COPY OF THE BALANCE SHEET AND PROFIT AND LOSS STATEMENT OF THE PETITIONER FOR AY 2018-19 DATED 31.03.2018A TRUE COPY OF THE NOTICE UNDER CLAUSE (B)OF S.148A DATED 16.03.2022 ISSUED THE 2ND RESPONDENT. A TRUE COPY OF THE NOTICE UNDER CLAUSE (D)OF S.148A DATED 24.03.2022 ISSUED THE 2ND RESPONDENT A TRUE COPY OF THE NOTICE UNDER SUB-SECTION (1) OF S.142 DATED 12.01.2023 ISSUED THE 2ND RESPONDENT. A TRUE COPY OF THE STATUS QUO ORDER IN WP ( C) 24112 OF 2019 DATED 04.09.2019 Copy of the notice under section 148 of the Income Tax Act dated 31.03.2022