Supreme Court of India

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

Neutral citation
Reported as [2023] 7 S.C.R. 899
Bench M. R. Shah and Sudhanshu Dhulia JJ.
Decided 24 April 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid discussion and the reasoning, all these appeals filed by the assessee – Dayawanti through legal heir fail and the same deserve to be dismissed and are accordingly dism issed.

Judgment, page 40

From the headnote

Income Tax Act, 1961 – ss.153A, 132, 132A – Assessm ent u/s.153A – Scope of – Whether in respect of completed ass essments/ unabated assessments, the jurisdiction of AO to make assessme nt is confined to incriminating material found during the course of search u/s.132 or requisition u/s.132A or not – Held: In c ase of search u/s.132 or requisition u/s.132A, the AO assumes the jurisdicti on for block assessment u/s.153A – All pending assessments/reass essments shall stand abated – In case any incriminating mate rial is found/ unearthed, even in case of unabated/completed asses sments, the AO

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