Mulavoor Urban Co-operative Society Ltd, No. E 1068, represented by its Secretary V. The Income Tax Officer, Ward 1 & TPS, Thodupuzha and The Income Tax Officer, Ward 1 (1), C R Building, I S Press Road, Cochin and The Principal Chief Commissioner, C R Building, I S Press Road, Cochin

WP(C)/4368/2023

AI Insights

The case involves the Mulavoor Urban Co-operative Society Ltd, which did not file an income return for the assessment year 2018-2019. The Income Tax Department reopened the case and issued notices under Section 148A of the Income Tax Act. The petitioner did not respond to the initial notice, leading to further actions under Section 148A. The petitioner challenged these actions in the High Court of Kerala, which found no grounds to interfere with the process and dismissed the writ petition, providing a short window for compliance with the tax filing requirements.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 796463 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 09-02-2024
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: C A JOJO
• Keywords: Assessment Year; Co-operative Society; Income Tax; Notice; Reopening of assessment; Writ petition
• Section: 147; 148; 148A

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 9TH 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.JOJO S.JIJI RESPONDENT/S: 1 THE INCOME TAX OFFICER, WARD 1 & TPS, THODUPUZHA, TEMPLE BYPASS ROAD, THODUPUZHA, PIN-685 584., PIN - 685584 2 THE INCOME TAX OFFICER, WARD 1 (1), C R BUILDING, I S PRESS ROAD, COCHIN-682 018. 3 THE PRINCIPAL CHIEF COMMISSIONER, C R BUILDING, I S PRESS ROAD, COCHIN-682 018. BY ADV CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 4368 OF 2023 2 JUDGMENT Dated this the 9th day of February, 2024 The present writ petition has been filed by the petitioner, which is a registered Co-operative Society, allegedly engaged in the business of providing credit services, marketing of agricultural products, Neethi Medical Shops among its members. The petitioner did not filed return of his income for the assessment year 2018-2019. The case of the petitioner was reopened and notice dated 16.03.2022, under Section 148A of the Income Tax Act (‘the Act’ for short) was issued. 2. The petitioner did not file any reply to the said show cause notice, and therefore, an order under Clause (b) of Section 148A came to be passed on 24.03.2022. The assessing authority was of the opinion that the petitioner’s income, which was morethan fifty lakhs had escaped assessment in the assessment year 2018-2019, and therefore, it was a fit case for reopening under Section 147 of the Act and a notice under Section 148 were decided to be issued. Against the decision under Section 148(d), the petitioner has approached this court by filing the present writ petition. WP(C) NO. 4368 OF 2023 3 3.This court finds no ground to entertain this writ petition. This court should not interrupt the process which has commenced by issuing notice under Section 148A and wherein an order under Section 148A(d) has been passed in accordance with law. Learned counsel for the petitioner submits that the final assessment order has not been passed. Considering the aforesaid submission, the petitioner is granted 15 days time to file his return in response to the notice issued under Section 148, and if the petitioner files the return, the assessing authority should examine the returns and pass final assessment order in accordance with the law. The writ petition is dismissed as above. Sd/- DINESH KUMAR SINGH JUDGE SJ WP(C) NO. 4368 OF 2023 4 APPENDIX OF WP(C) 4368/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE U/S 142(1) DATED 12.12.2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P2 A TRUE COPY OF THE REPLY SUBMITTED TO THE 1ST RESPONDENT DATED 21.12.2022 Exhibit P3 A TRUE COPY OF THE BALANCE SHEET AND PROFIT AND LOSS STATEMENT OF THE PETITIONER FOR AY 2018-19 DATED 31.03.2018 Exhibit P4 A TRUE COPY OF THE NOTICE UNDER CLAUSE (B) OF S.148A DATED 16.03.2022 ISSUED THE 2ND RESPONDENT. Exhibit P5 A TRUE COPY OF THE NOTICE UNDER CLAUSE (D) OF S.148A DATED 24.03.2022 ISSUED THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE NOTICE UNDER SUB- SECTION (1) OF S.142 DATED 12.01.2023 ISSUED THE 2ND RESPONDENT. Exhibit P7 A TRUE COPY OF THE STATUS QUO ORDER IN WP ( C) 24112 OF 2019 DATED 04.09.2019 RESPONDENT EXHIBITS Exhibit R1(a) Copy of the notice under section 148 of the Income Tax Act dated 31.03.2022 "