2019 (1) TMI 1395

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....t petition instituted by the appellant for 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....

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....is pending before the Commissioner of Income Tax (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 ....