Annamalai University v. ITO (2018) 401 ITR 80/ 166 DTR 422 (Mad) (HC)

S. 147 : Reassessment –Educational institution-Availability of alternative statutory remedy – Writ was held to be not maintainable [ S. 10(23C)(vi),148, Art .226 ]

The assessee had applied for exemption under section 10(23C)(vi) and final orders were awaited. The assessee was issued notices under section 148 for reopening of the assessments for the assessment years 1999-2000 to 2004-05. On writ petitions , the Court held, that the assessee was entitled to seek reasons for reopening of the assessment, under section 147 and on receipt of the reasons, the assessee was entitled to file its objections. The interim injunction granted on April 26, 2006 continued to operate till completion of the procedures. ( AY.1999-2000 to 2004-05 )