SICA EDUCATIONAL TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner -trust is an educational trust registered in that capacity and is also registered separately with the CIT, Indore under Section 12A of the IT Act, 1961, w.e.f. 1st April, 1999. The petitioner -trust has approached this Court challenging an order of assessment dt. 29th Dec, 2006 passed under Section 143(3) r/w Section 147 of the IT Act, 1961, by the Asstt. CIT, respondent No. 3. A copy of the order dt. 29th Dec, 2006 has been appended as Annex. P -16 with the present petition. Additionally, the petitioner has challenged a demand notice dt. 29th Dec, 2006 raising a demand of Rs. 1,78,910 in pursuance to the said assessment order.

(2.) THE petitioner -trust had filed its IT return for the asst. yr. 1999 -2000. However, no formal assessment was made by the assessing authority. A notice under Section 148 of the Act was issued to the petitioner -trust by the Asstt. CIT, intentionally (sic) that same income had escaped assessment within the meaning of Section 147 and requiring the petitioner -trust to file a return in respect of the said assessment year within a period of 30 days from the date of service of the said notice. In the said notice, it was mentioned by respondent No. 3 that the said notice was being issued after obtaining the necessary satisfaction from the Jt. CIT, respondent No. 2.

(3.) HOWEVER , without passing any separate order on the said objections filed by the petitioner, an assessment order has been passed by respondent No. 3 on 29th Dec., 2006. The aforesaid assessment order is Annex. P -16 appended with the present petition and is subject matter of challenge by the petitioner -trust before this Court.