Case Law Details
Shri Saibaba Sansthan Trust (Shirdi) Vs Union of India & Ors. (Supreme Court)
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 (Appeals) for Assessment Year 2015-16. Observing that any expression of opinion on the reopening of the assessment will affect the pending appeal before the Commissioner of Tax (Appeals), the High Court disposed of the writ petition, keeping open the challenge to be raised in appropriate legal proceedings.
The respected order was passed in a petition challenging the refusal of the Commissioner of Income Tax (Appeals) to stay recovery during the pendency of the appellate proceedings. The appellant would be sufficiently protected, if the same protection 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, SC direct as follows:
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
