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2019 (7) TMI 710 - MADRAS HIGH COURTReopening of assessment - entitled to the benefit of Section 80P - whether the primary agricultural credit societies are entitled for the deduction or nor? - HELD THAT:- There is no disputation or disagreement before this Court that these matters are squarely covered by a common order in TIRUCHENGODE AGRICULTURAL PRODUCERS COOPERATIVE MARKETING SOCIETY LTD., S-1308 AMMAPET PRIMARY AGRICULTURAL COOPERATIVE BANK LTD. [2016 (8) TMI 560 - MADRAS HIGH COURT] Since department has filed SLPs against these orders, the following order is passed a) All the four impugned notices will be kept in abeyance and there will be no further proceedings pursuant to the same until disposal of the SLPs said to have been filed by respondent / Revenue in Hon'ble Supreme Court against the aforesaid order of Hon'ble Division Bench (supra) b) If the SLPs are in favour of the Revenue, the impugned orders will stand revived and law will take its course. If the aforesaid scenario unfolds, it is open to the writ petitioner assessee to take all objections and defences available to section 148 notice including calling for reasons and limitation. c) If the SLPs end in favour of assessees and if the aforesaid Hon'ble Division Bench orders are confirmed or if the Hon'ble Supreme Court refuses to interfere with the orders of the High Court, all the four impugned notices will stand set aside without further reference to this Court. d) Though obvious it is made clear that this order pertains to benefit u/s 80-P of IT Act qua writ petitioners covered by Hon'ble Division Bench orders against which Revenue submits that SLPs have been filed before Hon'ble Supreme Court and therefore, this order will not preclude Revenue from proceeding against writ petitioners in a manner known to law with regard to other issues, if any.
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