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Principal Commissioner of Income Tax, Central-3 v. Abhisar Buildwell P. Ltd. and others

Case No: CIVIL APPEAL NO. 6580 OF 2021
Court: Supreme Court of India
Date: 24 Apr 2023

Parties Involved

appellantPrincipal Commissioner of Income Tax, Central-3
respondentAbhisar Buildwell P. Ltd.

Facts Summary

The case involves a group of appeals concerning the scope of assessment under Section 153A of the Income Tax Act, 1961. The Revenue has filed appeals against orders passed by various High Courts, which held that in the absence of incriminating material found during a search, completed assessments cannot be reassessed. Conversely, the assessees have filed appeals against orders that allowed reassessment of completed assessments based on incriminating material found during a search. The central issue is whether the Assessing Officer (AO) can reassess completed assessments in the absence of incriminating material found during a search.…

Decision in favour of

Revenue

Legal Issues

  • 1. Scope of assessment under Section 153A of the Income Tax Act, 1961.

Judgment Outcome

Decided in favour of Revenue.

Precedents Relied Upon

2 precedents cited in this judgement.

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