PR. COMMISSIONER OF INCOME TAX CENTRAL 3 vs. ABHISAR BUILDWELL P. LTD
What did the Supreme Court hold?
The Supreme Court held that the prayers sought by the Revenue were in the form of a review and required detailed consideration. Therefore, the miscellaneous application for clarification was not entertained.
What were the facts?
The Revenue filed a miscellaneous application seeking clarification on the waiver of limitation under Section 150(2) and the initiation of reassessment proceedings for income not arising from incriminating material found in a search. They also sought clarification on applying the court's findings to pending proceedings and initiating fresh proceedings.
What were the issues?
Whether the miscellaneous application seeking clarification on reassessment proceedings and limitation waiver should be treated as a review application. Whether the Revenue is entitled to initiate reassessment for income not arising from incriminating material found during a search.
Which sections of the Income-tax Act were involved?
Section 150(2),Section 148,Section 153A,Section 153C,Section 147,Section 151
AI-generated summary — verify with the full judgment below
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:
Page 1 of 4 Digitally signed by Neetu Sachdeva Date: 2023.05.12 15:47:38 IST Reason: Signature Not Verified
“(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. Page 2 of 4
(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 Page 3 of 4
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. Page 4 of 4
More judgments on Section 150(2)
- Dil Raj Kaur, Wazirpur III West Delhi vs ITO Ward 34(1), DelhiITA 7712/DEL/2026[2012-13]Status: Disposed29 Sept 2026AY 2012-13
- Shri Sonnenahalli Venkataramanappa Narayana… vs Income Tax Officer, Ward-4(2)(3), BengaluruITA 1825/BANG/2025[2008-09]Status: Disposed11 Jun 2026AY 2008-09
- Kippy Engineering Pvt. Ltd., Kolkata vs ACIT, CC - 3(4), KolkataITA 2727/KOL/2025[2012-2013]Status: Disposed17 Feb 2026AY 2012-2013
- Jiya Exim Private Limited, Kolkata vs ITO, Ward 5(1), KolkataITA 2142/KOL/2025[2012-2013]Status: Disposed17 Feb 2026AY 2012-2013
- A.C.I.T. Circle-41(4)(1), Mumbai vs Shri Awadhnarayan Laxminarayan Singh, MumbaiITA 6226/MUM/2025[2003-04]Status: Disposed27 Jan 2026AY 2003-04
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