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2016 (8) TMI 279

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..... d out to the Society, at the instance of the respondent by initiating prosecution proceedings and penalty proceedings. In the light of the recent statement made by the Hon'ble Union Finance Minister, that the attitude of the Assessing Officer towards the assessee should have a change, more particularly in the instance case, since the petitioner is a Co-operative Society and it is being controlled by the Managing Director, which is a Government Official in the cadre of Joint Registrar of Co-operative Societies. However, for that reason, the petitioner cannot be permitted to keep quiet in the matter and not subject themselves to the proceedings under the Income Tax Act. Thus the petitioner is directed to appear before the respondent, wi .....

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..... the notice issued by the Department, calling upon them file their Return of income for the relevant assessment year. However, the peculiar facts and circumstances of this case warrants interference of this Court to the extent which will be indicted in this order: (i) The petitioner-Society owned an extent of 8.75 acres of land in the heard of Vellore Town. The Government of Tamil Nadu for the purpose of expanding the existing Bus Stand at Vellore, acquired the said land by private negotiation and the lands were taken over during 1998-99. However, for several decades the Government did not pay the petitioner-Society, the amount payable as compensation for having acquired the land. Therefore, the Society had to approach this Court and afte .....

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..... 5. In the light of the recent statement made by the Hon'ble Union Finance Minister, that the attitude of the Assessing Officer towards the assessee should have a change, more particularly in the instance case, since the petitioner is a Co-operative Society and it is being controlled by the Managing Director, which is a Government Official in the cadre of Joint Registrar of Co-operative Societies. However, for that reason, the petitioner cannot be permitted to keep quiet in the matter and not subject themselves to the proceedings under the Income Tax Act. 6. In the light of the above, this Court is of the view that the following order would meet the ends of justice: The petitioner is directed to appear before the respondent, wi .....

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