Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO.680 OF 2023
IN
CIVIL APPEAL NO.6580 OF 2021
PRINCIPAL COMMISSONER
OF INCOME TAX, CENTRAL-3 …Appellant(s)
Versus
ABHISAR BUILDWELL P. LTD. ...Respondent(s)
J U D G M E N T
M.R. Shah, J.
1. Present Miscellaneous Application has been
preferred by the Revenue seeking following prayers:
Signature Not Verified
Digitally signed by
Neetu Sachdeva
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Date: 2023.05.12
15:47:38 IST
Reason:
“(a) This Hon’ble Court may clarify that the
waiver of limitation as stipulated in section
150(2) is to be read in respect of the date of
issue of notice for reassessment under section
148 (i.e.) if as on the date the assessment
under section 153A or section 153C was
passed, a notice under section 148 could have
been issued as per the law then in force, then
fresh proceedings for reassessment of such
income not arising from the incriminating
material found in search can now be initiated
pursuant to the findings of this Hon’ble Court
in the present appeals/application and may
further clarify as follows:
(i) That the findings in para 11 and 14
would apply to all the proceedings
pending in all the forums including
before this Hon’ble Court.
(ii) That even though the appeals of the
Revenue are dismissed in respect of
assessments passed under 153A
and 153C, in the absence of
incriminating material found
during the search, in respect of
such income which was found to
have escaped assessment other
than through incriminating
material, the assessing officers
would be entitled to reassess such
income in terms of Section
147/148 read with section 150.
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(iii) That the Assessing Officer, may if
found necessary initiate fresh
proceedings within 60 days from
date of disposal of this application
following the procedure stipulated
in section 147-151 of the Act as is
in force now.”
2. Having gone through the averments made in
the application and the prayers, we are of the
opinion that the prayers sought can be said to be in
the form of review which requires detail
consideration at length looking into the importance
of the matter. Therefore, the present application in
the form of clarification is not entertained and we
relegate the Revenue to file an appropriate review
application for the relief sought in the present
application and as and when such review
application is filed the same can be heard in the
open court.
3. In view of the above and without further
entering into the merits of the application and/or
expressing anything on merits on the prayers
sought in the present application, the present
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application is not entertained and we relegate the
Revenue to file an appropriate review application
seeking the reliefs which are sought in the present
application and as and when such review
application is filed the same be heard and decided
and disposed of in the open court.
At the cost of repetition, we observe that as we
have not entered into the merits of the present
application and we relegate the Revenue to file an
appropriate review application, the review
application be decided and disposed of in
accordance with law and on its own merits.
With this present application stands disposed
of.
…….…………………….J.
(M.R. SHAH)
…….…………………….J.
(SUDHANSHU DHULIA)
New Delhi,
May 12, 2023.
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