A survey was conducted at premises of assessee-trust. Pursuant to survey, Assessing Officer issued reopening notices on 28-3-2023 and 29-3-2023 on ground that assessee-trust’s activities were not genuine and expenditure were not made as per objects of trust. Accordingly, order was passed under section 148A(d) of the Act. On writ the assessee challenged the notices on ground that reopening notice was issued based on expenditure incurred in assessment year 2016-17 and said notice would be time barred. Revenue claimed that reassessment was initiated based on information from survey report which was conducted after introduction of amended provisions Court held that prima facie amended section 149 might not be applicable, however, matter required examination and thus, matter to be listed on 22-11-2023 and ordered that there would be a stay on continuation of reassessment proceedings, till further directions of court. (AY. 2016-17)
Centre For Policy Research v. Dy. CIT (2023) 293 Taxman 632 (Delhi)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Limitation-Survey-Charitable purposes-Prima facie amended section 149 might not be applicable-Matter required examination-Matter to be listed on 22-11-2023-Stay was granted for continuation of reassessment proceedings, till further directions of court. [S. 148, 148A(b), 148A(d), 149, Art. 226]