417 Vadamugam Kangayampalayam Primary Agricultural Cooperative Credit Society Ltd. v. The Income-tax Officer, Ward-1(3), Tiruppur
[Citation -2020-LL-0818-3]

Citation 2020-LL-0818-3
Appellant Name 417 Vadamugam Kangayampalayam Primary Agricultural Cooperative Credit Society Ltd.
Respondent Name The Income-tax Officer, Ward-1(3), Tiruppur
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 18/08/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags statutory appeal
Bot Summary: Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorari to call for the entire records relating to the impugned order passed by the respondent in DIN and order No. ITBA/ AST/S/ 143(3)/ 2019-20/ 1022999658(1) dated 24.12.2019 and quash the same. ORDER Heard Mr.C.Prakasam, learned counsel for the petitioner and Mr.ANR.Jayapratap, learned Standing Counsel for the respondent. The Writ Petition has been filed along with a Miscellaneous Petition seeking dispensation of production of the original order of assessment. No reason has been set forth for dispensation of the same and at paragraph 7, the petitioner merely states that the original impugned order passed by the respondent is not readily available at the time of filing of this Writ Petition at Madras. No case whatsoever has been made out in the affidavit filed in support of the Writ Petition as to why the matter is liable to be interfered with under Article 226 of the Constitution of India. In the interests of consistency, this petitioner is also permitted to file an appeal and such appeal, if filed within a period of two weeks from date of uploading of this order, shall be taken on file by the office of the Commissioner of Income Tax and disposed without reference to limitation, in accordance with law. Connected Miscellaneous Petitions are also dismissed.


W.P. No.2259 of 2020 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.08.2020 CORAM HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.2259 of 2020 and WMP. Nos.2639 & 2640 of 2020 417 Vadamugam Kangayampalayam Primary Agricultural Cooperative Credit Society Ltd. Rep. by its Secretary C.B.Arunkumar, S/o. C.R. Balasubramaniam, Perumanallur Road, Kunnath. .. Petitioner Vs. Income Tax Officer, Ward - 1 (3) TPR Income Tax Office, No.121, 60 Feet Road, Tiruppur 641602. Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India praying to Writ of Certiorari to call for entire records relating to impugned order passed by respondent in DIN and order No. ITBA/ AST/S/ 143(3)/ 2019-20/ 1022999658(1) dated 24.12.2019 and quash same. For Petitioner : Mr.C.Prakasam For Respondent : Mr. ANR.Jayapratap, Standing Counsel. ORDER Heard Mr.C.Prakasam, learned counsel for petitioner and Mr.ANR.Jayapratap, learned Standing Counsel for respondent. http://www.judis.nic.in 1 W.P. No.2259 of 2020 2. challenge in this matter is to order of assessment passed under Section 143(3) of Income Tax Act, 1961 (in short Act ) for assessment year (AY) 2017-18. Writ Petition has been filed along with Miscellaneous Petition seeking dispensation of production of original order of assessment. However, no reason has been set forth for dispensation of same and at paragraph 7, petitioner merely states that original impugned order passed by respondent is not readily available at time of filing of this Writ Petition at Madras . This affidavit has been filed on 27.01.2020. Till date original order of assessment has not been filed. I thus find no reason to entertain Writ Petition and am inclined to dismiss same in limine. 3. Be that as it may, impugned order is one of assessment, amenable to statutory appeal. No case whatsoever has been made out in affidavit filed in support of Writ Petition as to why matter is liable to be interfered with under Article 226 of Constitution of India. only ground raised is in relation to petitioner s claim that it is entitled to exemption under Section 80P of Act by application of principles of mutuality. This is sole ground raised by petitioner. http://www.judis.nic.in 2 W.P. No.2259 of 2020 4. I have had occasion to deal with identical issue in case of other Co-operative Societies and have directed that statutory appeal be filed challenging orders of assessment. 5. In interests of consistency, this petitioner is also permitted to file appeal and such appeal, if filed within period of two (2) weeks from date of uploading of this order, shall be taken on file by office of Commissioner of Income Tax (Appeals) and disposed without reference to limitation, in accordance with law. 6. With these observations, this Writ Petition is dismissed. No costs. Connected Miscellaneous Petitions are also dismissed. 18.08.2020 sl Index : Yes/No Internet :Yes/No Speaking Order/Non Speaking Order Note: Registry is directed to upload this order today (18.08.2020) http://www.judis.nic.in 3 W.P. No.2259 of 2020 Dr.ANITA SUMANTH, J. sl To Income Tax Officer, Ward - 1 (3) TPR Income Tax Office, No.121, 60 Feet Road, Tiruppur 641 602. W.P. No.2259 of 2020 and WMP. Nos.2639 & 2640 of 2020 18.08.2020 http://www.judis.nic.in 4 417 Vadamugam Kangayampalayam Primary Agricultural Cooperative Credit Society Ltd. v. Income-tax Officer, Ward-1(3), Tiruppur
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