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TMI Blog2019 (1) TMI 1395X X X X Extracts X X X X X X X X Extracts X X X X ..... challenging the notice dated 23 March 2018 issued by the Deputy Commissioner of Income Tax (Exemption) (2) (1) Mumbai under Section 148 of the Income Tax Act 1961 for reopening the assessment for Assessment Year 2013-14. The issue pertaining to the taxability of anonymous donations received in Hundies maintained by the temple trust under Section 115BBC of Income Tax Act, 1961 is pending determination before the Commissioner of Income Tax (Appeals) for Assessment Year 2015-16. When the High Court was moved in the writ proceedings for challenging the reopening of the assessment for Assessment Year 2013-14, the Court observed that the objections to the reopening of the assessment are the same as those before the Commissioner of Income Tax ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeals). Hence, it is urged that the appellant should be left to pursue its remedies after the assessment is completed for Assessment Year 2013-14. The grievance that the High Court ought to have dealt with the challenge to the reopening of the assessment on the ground that there was no reason to believe that income had escaped assessment has to be appreciated in the context of the facts of the present case. The applicability of Section 115BBC is the central issue which is pending before the Commissioner of Income Tax (Appeals) for Assessment Year 2015-16. In this view of the matter, we are of the view that the High Court has justifiably held that it would not be appropriate to exercise jurisdiction under Article 226 when the same issue i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion which was granted by the High Court in the order dated 22 March 2018 for Assessment Year 2015-16, is granted in the event that an order of assessment is passed for Assessment Year 2013-14. Hence, we direct as follows: i). The Assessing Officer shall complete the assessment for Assessment Year 2013-14 pursuant to the notice for reassessment which has been issued on 23 March 2018, in accordance with law; ii). The issue as to whether the notice under Section 148 for reopening the assessment for Assessment Year 2013-14 is valid is kept open to be urged in appropriate proceedings after the assessment order is passed; iii). Upon the passing of the order of assessment for Assessment Year 2013-14 and in order to enable the assessee to pu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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