| The Tax Publishers2020 TaxPub(DT) 3996 (SC) : (2020) 274 TAXMAN 0228 INCOME TAX ACT, 1961
Section 261 Section 153A
Where the department preferred SLP to appeal against the judgment and order of Delhi High Court in Pr. CIT v. Bluebird Software (P) Ltd. [ITA No. 803 of 2017, C.M. Nos. 33761 & 33762 of 2017, dated 11-10-2017, whereby the High Court held that since no incriminating material was unearthed by AO during the course of search operation under section 132, therefore, no addition could be made during the relevant assessment year under section 153A by reopening the assessment on the matter, which was examined earlier during original assessment concluded under section 143(3), the Supreme Court dismissed the SLP as withdrawn due to low tax effect, however, leaving the question(s) of law open.
|
Appeal (Supreme Court) - Special leave petition - Assessment under section 153A - Addition made pursuant to search operation on same subject-matter having been examined during original assessment
Department preferred SLP to appeal against the judgment and order of Delhi High Court in Pr. CIT v. Bluebird Software (P) Ltd. [ITA No. 803 of 2017, C.M. Nos. 33761 & 33762 of 2017, dated 11-10-2017, whereby the High Court held that since no incriminating material was unearthed by AO during the course of search operation under section 132, therefore, no addition could be made during the relevant assessment year under section 153A by reopening the assessment on the matter, which was examined earlier during original assessment concluded under section 143(3). Held: Counsel for the petitioner, on instructions issued by the Department of Revenue, Ministry of Finance vide F. No. 390/Misc./116/2017-JC, dated 22-8-2019, sought permission to withdraw this special leave petition along with pending applications therein due to low tax effect. Permission was granted, subject to just exceptions. The special leave petition and pending applications were dismissed as withdrawn, leaving question(s) of law open.
REFERRED :
FAVOUR : SLP dismissed as withdrawn
A.Y. :
IN THE SUPREME COURT OF INDIA
 SUBSCRIBE FOR FULL CONTENT
OR Try Reload the Page |