9911796707
TMI Blog2025 (5) TMI 624X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of the assessment year [AY] 2015-16. The Assessee is, essentially, aggrieved by the initiation of the reassessment proceedings for AY 2015-16, which were commenced by issuance of the notice dated 28.06.2021 under Section 148 of the Act. 2. The Assessee is a national political party and is registered with the Election Commission of India [ECI] by a certificate dated 10.01.2000. The Assessee filed its return of income on 29.02.2016, declaring a Nil income, after claiming exemption under Section 13A of the Act. A deficiency notice was issued under Section 139 (9) of the Act. In response to the notice of deficiency, the Assessee filed its return of income again on 24.05.2016, declaring Nil income after claiming exemption under Section 13A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act to the Assessee for reopening the assessment for AY 2015-16. The said notice was unsustainable as it was issued in accordance with the statutory regime as existed prior to 31.03.2021. The said notice including other notices which were issued after 01.04.2021 but following the statutory regime regarding reopening of assessments that existed prior to 31.03.2021 was subject matter of challenge before this court and other High Courts. This court in the case of Mon Mohan Kohli v. Assistant Commissioner of Income and Anr.: Neutral Citation No.: 2021:DHC:4181-DB set aside such notices that were issued after 31.03.2021 without following the procedure as prescribed under Section 148A of the Act. Various High courts had also expressed simila ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26/- under Section 13A of the Act, representing income from donations, coupon money, fees, subscriptions, and interest, after due scrutiny and verification of all relevant material. The deposits totaling Rs. 37,47,81,848/- in the said accounts were sourced from donations and coupon receipts. Thus, the AO had no new material suggesting income escapement other than the information, which was already part of the assessment records. 9. Thereafter, the AO again provided the information to the Assessee 21.07.2022 following the directions given in the case of Union of India & Ors. v. Ashish Agarwal (supra) and granted seven (7) days time to the Assessee to respond to the same. The Assessee, by its letter dated 27.07.2022, reiterated the submissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not applicable 31-3-2021 30-6-2021 2015-2016 31-3-2019 TOLA not applicable 31-3-2022 TOLA not applicable 2016-17 31-3-2020 30-6-2021 31-3-2023 TOLA not applicable 2017-2018 31-3-2021 30-6-2021 31-3-2024 TOLA not applicable f. The Revenue concedes that for the assessment year 2015-16, all notices issued on or after 1 April 2021 will have to be dropped as they will not fall for completion during the period prescribed under TOLA;" 12. In view of the above concession, the impugned notice and the proceedings relating thereto are required to be set aside. We may also note the decision of the Supreme Court in Deepak Steel and Power Ltd. v. Central Board of Direct Taxes and Ors.: Civil Appeal No.5177/2025, decided on 02.04.202 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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