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Vellore District Consumer Co-operative Wholesale Stores Ltd. Versus The Income Tax Officer

2016 (8) TMI 279 - MADRAS HIGH COURT

Penalty proceedings u/s 271F and prosecution u/s 276CC - Non-filing of return by the co-operative society - Notice calling upon the petitioner-Society to furnish their return of income immediately and produce the copy of the acknowledgement by 13.04.2016 - Held that:- It cannot be disputed that every person who is receiving income, within the taxable limit or otherwise, is statutorily bound to file their returns. Therefore, the petitioner-Society will not be fully justified in taking a stand tha .....

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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, within a period of four weeks from the date of receipt of a copy of this order and file a detailed representation along with their retu .....

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my, learned counsel appearing for the petitioner and Mrs.V.Pushpa, learned Standing Counsel accepting notice for the respondent and with the consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal. 2. The petitioner is the Vellore District Consumer Co-operative Wholesale Stores, Ltd., and they have filed this Writ Petition, challenging the notice issued by the respondent, calling upon the petitioner-Society to furnish their return of income immed .....

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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 ha .....

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e Government Order came to be issued on 31.5.2012, there was delay in effecting payment to the petitioner-Society and somewhere during 2013, the petitioner received the payment. By then, the entire administration of the Society had come to a stand still, employees were not paid and virtually the Society had become defunct. It appears that the petitioner-Society from and out of the compensation paid by the Government, though belatedly, have settled the retirement benefits to its employees, which .....

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