KAMMAVARI CREDIT CO-OPERATIVE SOCIETY LIMITED Vs. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE 4(1) AND ORS.

JUDGEMENT

(1.) The petitioner filed the present writ petition for a writ of certiorari to quash the order bearing No.F.No.264/Pr.CIT-7/BNG/2016-17 dated 24.3.2017 passed by the 2nd respondent as per Annexure-H. In the alternative, the petitioner has sought for quashing the order bearing No.F.No.CC-1/TechI/119(2)(b)/46A/2010-11/2245 dated 19.3.2013 passed by the 3rd respondent vide Annexure-K.

(2.) It is the case of the petitioner - Society that it has filed return of income on 31.10.2007 for the assessment year 2007-08 declaring a total income of Rs.86,33,892/- and paid a tax of Rs.27,93,270/- and on 18.2.2009 the return was processed by the 1st respondent under the provisions of Section 143(1) of the Income Tax Act ('Act' for short), accepting the returns. On 22.2.2010 revised return was filed declaring Nil income and claiming deduction under the provisions of Section 80P of the I.T. Act and on 14.6.2010 an application was filed for condonation of delay in filing the revised return.

(3.) It is further contended that on 7.3.2012 Revision Petition was filed under Section 264 of the Act challenging the intimation dated 18.2.2009 issued under Section 143(1) of the I.T. Act and that was also the subject matter of the writ petitions before this Court in W.P. Nos.11624-625/2012 and in the said writ petitions, the petitioner has also challenged the order passed under Section 264 of the Act for the assessment year 2008-09. This Court after hearing both the parties by an order dated 26.7.2012 allowed the writ petitions and set aside the order passed under Section 264 of the Act and remanded the matter for fresh consideration. On 25.3.2013 order came to be passed under Section 264 of the Act by the Commissioner of Income Tax for the year 2007-08 holding that the assessee is not entitled for the relief under Section 80P of the Act and the assessee was also not entitled for condonation of delay. Therefore the petitioner filed W.P. Nos.18466- 467/2013 for quashing the order dated 25.3.2013 passed under Section 264 of the Act by the Commissioner of Income Tax for the assessment years 2007-08 and 2008-09. After hearing both the parties, this Court by an order dated on 12.9.2014 remitted the matter again to the Commissioner of Income Tax in view of the dictum of the Division Bench of this Court in ITA No.5006/2013. After remand, the respondent authority has rejected the delay application and consequently revision was also dismissed by the impugned order dated 24.3.2017. Hence the present writ petition is filed.