2025 (6) TMI 1715

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....Senior Standing Counsel appearing for the respondents. 2. The challenges in these Writ Petitions are made against : i) Impugned Assessment Order dated 25.03.2023 passed by the 2nd respondent and consequential order dated 24.09.2024 passed by the 1st respondent, pertaining to the assessment year 2015-16. ii) Impugned Assessment Order dated 28.03.2023 passed by the 2nd respondent and consequential order dated 24.09.2024 passed by the 1st respondent, pertaining to the assessment year 2018-19. iii) Impugned Penalty Order dated 12.03.2025 passed by the 1st respondent, pertaining to the year 2015-16. 3. The learned counsel for the petitioner would submit that, in the present case, originally return was filed on 12....

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....bmit that, as against the impugned orders, the petitioner filed a petition under Section 264 before the 1st respondent. However, the same was rejected on the ground that, the petitioner had failed to participate in the proceedings and provide suitable reply before the Assessing Officer, hence, the petition under Section 264 cannot be considered. 6. The Learned Senior Standing Counsel appearing for the respondents would submit that, initially, the petitioner had one PAN Number in the name of its Trust and subsequently, the Trust was converted into a Society and therefore, a new PAN Number was issued to the petitioner. However, the petitioner had all the transactions in the Old PAN Number i.e. in the name of Trust. Hence, the respondent ha....

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.... participation of the assessment proceedings, the valuable right of the petitioner would not be deprived of to prosecute a case under Section 264. Initially, the petitioner's society had been registered as a Trust and subsequently, it has been converted into a society. So, therefore some practical difficulties were aroused in the management of the society, due to the change in the name of the management. Considering this aspect, in the interest of justice, to give one more opportunity to the petitioner, this Court is inclined to set aside the impugned orders passed under Section 264 along with the best judgment assessment orders passed under Section 143 & 147 and remand the matter to the Assessing Officer / 2nd respondent for fresh cons....