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Megatrends Inc represented Versus The Assistant Commissioner of Income Tax, The Commissioner of Income Tax (Appeals) –IV, The Ministry of Finance represented by Revenue Secretary

2016 (11) TMI 1027 - MADRAS HIGH COURT

Reopening of assessment - correctness of the reasons for reopening - Held that:- The present writ petition is premature. Accordingly, this Court while rejecting the relief sought for by the petitioner, directs the petitioner to submit its objections to the reasons for reopening as furnished by the first respondent, vide proceedings dated 10.02.2015 within a period of 30 days from the receipt of a copy of this order, in which the petitioner shall raise all issues both factual as well as legal. On .....

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ralikrishnan ORDER Heard Mrs. TCA Sangeetha, learned counsel appearing for the petitioner and Mr.T.Ravikumar assisted by Mrs.Hema Muralikrishnan, learned counsel appearing for the respondents. 2. The petitioner has filed this writ petition praying for issuance of a Writ of Certiorari to quash the notice dated 10.02.2015 issued by the first respondent under Section 148 of the Income Tax Act, 1961. By the said notice, the first respondent has stated that he has reasons to believe that the income c .....

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uest made, the first respondent, by communication dated 13.05.2015, received by the petitioner on 18.05.2015, furnished the following reasons for reopening the assessment: It is seen from the return of income filed on 30.09.2011 for the A.Y. 2011-12 that you had made donations of ₹ 1,25,00,000/- u/s.35(1)(ii) to the BHAROSHA Society for the Welfare of the Handy Capped for Assessment Year 2011-12. On investigation it had come to light that the trust named BHAROSHA Society for the Welfare of .....

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for the Revenue and perused the materials available on record including the counter affidavit, reply to the counter affidavit, rejoinder to the counter affidavit as well as typed set of papers. 4. However, it may not be necessary for this Court to go into the factual issues since the writ petition is premature. The Hon'ble Supreme Court in G.K.N. Drive Shafts India Ltd., v. Income Tax Officer and Others [259 ITR 19], held that the Assessing Officer when intending to reopen the assessment for .....

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rs of this Court as well as the Division Bench. However, in the instant case, the petitioner approached this Court, challenging the notice dated 10.02.2015 issued under Section 148 of the Income Tax Act that too after receipt of reasons for reopening and this Court cannot examine the correctness of the reasons for reopening or can test the submission by the assessee on the reopening. The learned counsel appearing for the petitioner has referred to various factual averments as set out in the coun .....

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