TDGSM CO-OPERATIVE SOCIETY LTD NO.R.1112, vs. THE COMMISSIONER OF INCOME TAX,
What did the High Court hold?
The High Court dismissed the writ petition. The Court found no ground to entertain the petition against the impugned assessment order. The primary reason for dismissal was the petitioner's failure to respond to statutory notices issued under Section 142(1) and their lack of cooperation with the assessment proceedings. The Court rejected the petitioner's contention of non-receipt of notice, citing the established system for communication of notices and orders. The Court held that the petitioner's argument was not acceptable in view of the system in place. The Court left it open to the petitioner to avail the remedy of appeal or other available remedies and directed that if the petitioner approaches the appellate authority, the appeal should be decided expeditiously in accordance with law.
What were the facts?
The petitioner, TDGSM Co-operative Society Ltd, is challenging an assessment order and demand (Ext.P2). The assessee failed to file returns for assessment year 2016-2017. Information from the AIMS module indicated significant cash deposits during financial years 2015-2016 and 2016-2017, leading to the reopening of the assessment under Section 148 of the Income Tax Act, 1961. The assessee filed a return on April 29, 2021, declaring 'Nil' income after claiming a deduction of Rs. 2,64,133/- under Chapter VIA (80P). Subsequently, notices under Section 142(1) were issued on July 8, 2021, November 18, 2021, and February 24, 2022. The assessee did not respond to these notices or cooperate with the proceedings. Consequently, a best judgment assessment order under Section 144 was passed ex-parte due to the failure to file a return in response to the Section 148 notice.
What were the issues?
1. Whether the writ petition is maintainable against the impugned assessment order and demand, considering the petitioner's failure to respond to statutory notices and cooperate with assessment proceedings. Assessee's contention: The petitioner argued that they did not receive the notice. Revenue's contention: The revenue did not explicitly record any contentions in the judgment. However, the Court's reasoning implicitly rejects the assessee's claim based on the established system for communication of notices and orders.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
assessment order. In the result, this writ petition is dismissed, leaving it open to the petitioner to avail remedy of appeal if any, or such other remedies are available. If the petitioner approached the appellate, the appellate authority should proceed to decide the appeal in accordance with law, expeditiously. DINESH KUMAR SINGH JUDGE SJ
WP(C) NO. 29487 OF 2022 4 APPENDIX OF WP(C) 29487/2022 PETITIONER EXHIBITS Exhibit P1OF CERTIFICATE OF REGISTRATION OF THE SOCIETY BY JOINT REGISTRAR OF CO-OP SOCIETIES (GENERAL) THRISSUR Exhibit P2OF ASSESSMENT ORDER DATED 25.3.2022 FOR AY 2016-17 Exhibit P3OF NOTICE DATED 10.8.2022ISSUED BY THE 1ST RESPONDENT Exhibit P3(a)OF REPLY TO NOTICE DT 10.8.2022 UNDER SECTION 274 READ WITH SECTION 271(1) (B) DATED 18.08.2022 Exhibit P4OF NOTICE UNDER SECTION 274 READ WITH SECTION 271(1)(C) DATED 10-08-2022 Exhibit P4(a)OF REPLY TO NOTICE DATED 10-08- 2022 UNDER SECTION 274 READ WITH SECTION 271(1)(C) DATED 18-08-2022 Exhibit P5OF NOTICE DATED 10-08-2022 UNDER SECTION 274 READ WITH SECTION 271B Exhibit P5(a)OF REPLYDT 18-08-2022 TO NOTICE DATED 10-08-2022 UNDER SECTION 274 READ WITH SECTION 271B SECTION Exhibit P6OF NOTICE DATED 10-08-2022 UNDER SECTION 274 READ WITH SECTION 271F Exhibit P6(a)OF REPLY DATED 18-08-2022 TO NOTICE UNDER SECTION 274 READ WITH SECTION 271F DATED 10-08-2022
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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