Guidelines for Implementing the Supreme Court's Ruling in Pr. CIT (Central-3) v/s Abhisar Build well Pvt. Ltd.

Vivek Jalan | Last updated: 02 September 2023

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The Supreme Court, in the case of Pr. CIT v/s Abhisar Build well Pvt. Ltd., has clarified the application of Section 153A/153C of the Income Tax Act. For completed or unabated assessments, tax authorities can only proceed if 'incriminating material' is found during a search. However, the court allows for reassessment proceedings under Sections 147/148 if conditions are met. The CBDT has issued instructions to guide tax officers in implementing this judgment, categorising cases into pending/abated and completed/unabated assessments.

Honble Supreme Court in the case of PCIT vs Abhisar Build well P. Ltd. [Civil Appeal No. 6580 of 2021] dated 24.04.2023 upheld the ratio of Honble Delhi High Courts ruling in Kabul Chawla [(2016) 380 ITR 573] and Honble Gujarat High Courts ruling in Saumya Construction [(2016) 387 ITR 529] that for

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About the Author

Vivek Jalan

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Mr. Vivek Jalan is a FCA, Qualified LL.M (Constitutional Law) and LL.B. He is the Chairman of The Fiscal Affairs and Taxation Committee of The Bengal Chamber of Commerce and Industry. He is the Convenor on Indirect Taxes of the CII- Economic Affairs and Taxation Committee (ER); He is also a visiting faculty for Indirec ... Read more

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Guidelines for Implementing the Supreme Court's Ruling in Pr. CIT (Central-3) v/s Abhisar Build well Pvt. Ltd.

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