TaxTMI 
TaxTMI 
2019 (3) TMI 61
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..... 2. Brief submissions of Mr.Venkatraman, learned senior counsel appearing for Mr.R.Venkatnarayanan, learned counsel for the petitioner and Mr.A.P.Srinivas, learned Standing Counsel appearing for the respondents are as follows: The petitioner is a trust formed under a deed of trust executed on 01.08.2000 and manages an Engineering College from 2001 onwards. Registration under Section 12 AA of the Income Tax Act, 1961 (in short the 'Act') was initially granted on 22.10.2002 and approval under Section 10(23C)(vi) was initially granted on 30.04.2008. 3. A search under Section 132 of the Act was conducted by the Income Tax Department consequent to which assessments were completed for assessment years 2010-11 under Section 143(3....
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....) challenging orders of assessment dated 28.03.2013 were dismissed on 12.01.2017. Appeals in ITA Nos. 637 and 638 of 2017 were filed before the Income Tax Appellate Tribunal (in short 'Tribunal') challenging the order of the CIT(appeals) dated 12.01.2017. 6. All the appeals were dismissed on 19.6.2018 by the Tribunal as against which Miscellaneous Applications under section 254(2) of the Act have been filed in M.A.No.186 of 2018 (I.T.A.370/2017) and M.A.Nos.187 and 188 of 2018 (I.T.A.Nos.637 and 638 of 2017) seeking a rectification of the orders dated 19.06.2018 on the basis that the grounds of appeal raised by the petitioner have not been taken into consideration. The petitioner has also filed stay petitions before the ITAT i....
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....ed attaching movables, being four buses belonging to the petitioner, to be kept in the custody of the Income tax Department in its premises at the Aayakar Bhavan at Nungambakkam High Road. 11. It is in the aforesaid circumstances that the petitioner has approached this Court praying for a declaration that the orders of assessment for assessment years 2010-2011 and 2011-12 are invalid in law and seeking a quashing of TRC Nos.38 & 39/CR/2/18-19 dated 28.01.2019 in respect of assessment years 2010-2011 and 2011-2012 respectively and a direction to the TRO not to initiate any further coercive proceedings till the disposal of the writ petition. 12. Mr.A.P.Srinivas, learned senior standing counsel who has taken notice for the respondents de....
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....ficer shall, by an order in writing, allow or reject the claim or claims specified in such notice and make an assessment determining the total income or loss accordingly, and determine the sum payable by the assessee on the basis of such assessment; (ii) issued under clause (ii) of sub-section (2), or as soon afterwards as may be, after hearing such evidence as the assessee mayproduce and such other evidence as the Assessing Officer may require on specified points, and after taking into account all relevant material which he has gathered, the Assessing Officer shall, by an order in writing, make an assessment of the total income or loss of the assessee, and and determine the sum payable by him or refund of any amount due to him on ....
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....titution or fund or trust or university or other educational institution or any hospital or other medical institution, where in his view such contravention has taken place; and (ii) the approval granted to such research association or other association or fund or trust or institution or university or other educational institution or hospital or other medical institution has been withdrawn or notification issued in respect of such news agency or fund or trust or institution has been rescinded :' 15. The specific argument advanced by him is that the assessments themselves are invalid in the light of the proviso to Section 143(3) of the Act that casts a mandate upon the Assessing Officer to frame an assessment denying the benefit o....