PRINCIPAL COMMISSIOENR OF INCOME TAX-I vs. NILESH AGARWAL HUF
The appeal stands disposed of in terms of
ITA/59/2021HC Rajasthan10 May 2022
Bench: : The Hon’Ble Acting Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 26Th April, 2023 Appearance : Mr. J.P. Khaitan, Sr. Adv. Mr. Sauyma Kejriwal, Adv. Ms. Ananya Routy, Adv. Ms. Pritha Basu, Adv. Ms. Ankita Agrahari, Adv … For Appellant Ms. Smita Das De, Adv. … For Respondent The Court : This Appeal Has Been Filed By The Assessee Challenging The Order Passed By The Income Tax Appellate Tribunal. The Legal Issue Involved In The Instant Case Is The Scope Of Assessment Under Section 153A Of The Income Tax Act. The Legal Issue Which Has Been Raised By The Revenue Has Been Answered By The Hon’Ble Supreme Court In The Case Of Principal Commissioner Of Income Tax, Central-3 Vs. Abhisar Buildwell [P] Ltd. Reported In [2023] 149 Taxmann.Com 399 [Sc]. The Hon’Ble Supreme Court Has Summarised The Legal Position In Paragraph 11 Of The Judgment & In Paragraph 13 The Hon’Ble Supreme Court Has Held That It Is An Agreement With A View Taken By The Delhi
Section 132Section 132ASection 153A
section 153A;
ii] all pending assessments/reassessments shall stand abated;
iii] in case any incriminating material is found/unearthed, even, in case of
unabated/completed assessments, the AO would assume the jurisdiction to
assess or reassess
