Bombay High Court
Bhagwan Vardhman Shwetamber ... vs The Income Tax Officer Exemption Ward ... on 4 December, 2019
Author: Nitin Jamdar
Bench: M.S.Sanklecha, Nitin Jamdar
1 2 WP 3187-2019.doc
Sequeira
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 3187 OF 2019
Bhagwan Vardhman Shwetamber Murtipujak
Tapagacch Jain Sangh .. Petitioner
Vs
The Income Tax Officer Exemption Ward 1(1)
and others .. Respondents
Mr.Dharan Gandhi, for the Petitioner.
Ms.Vaibhavi Gala i/b Mr.Charanjeet Chanderpal, for Respondents.
CORAM : M.S.SANKLECHA &
NITIN JAMDAR, JJ.
Date : 4 December 2019.
P.C. :
This Petition challenges the notice dated 30 May 2018 under section 148 of the Income Tax Act, 1961 (the 'Act'). The impugned notice seeks to reopen the assessment for the Assessment Year 2012-13.
2. Mr.Gandhi, learned Counsel appearing in support of the Petition invites our attention to the reasons in support of the impugned notice and submits it proceed on the basis that corpus donations are revenue receipts as the Petitioner had no registration in ::: Uploaded on - 05/12/2019 ::: Downloaded on - 06/12/2019 00:31:49 ::: 2 2 WP 3187-2019.doc the subject Assessment Year. Ignoring the fact that for the subsequent Assessment Year the Petitioner was registered under the Act, as a trust. It is contended that in the above facts, the basis of the impugned notice is in defiance of second proviso to section 12A(2) of the Act. Thus there could be no reasons for the Assessing Officer to believe that income chargeable to tax has escaped assessment.
3. Ms.Gala, learned Counsel appearing for the Respondents seeks time to take instructions and file affidavit in reply, if necessary.
4. In the above view, this Petition is adjourned to 10 February 2020. In the meantime, there shall be an ad-interim stay to the impugned notice dated 30 May 2018.
(NITIN JAMDAR, J.) (M.S.SANKLECHA, J.)
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