Case Law Details
Orchid Infrastructure Developers Pvt Ltd Vs PCIT (Delhi High Court)
Reopening of assessment under Section 147/148 not permissible when final settlement order under Section 245D(4) has been passed
The Hon’ble Delhi High Court in “Orchid Infrastructure Developers Pvt. Ltd. vs. Pr. Commissioner of Income Tax, Central Circle – 3, New Delhi, W.P. (C) 16524 of 2023″ has held that reopening of assessment under Section 147/148 is not permissible when final settlement order under Section 245D(4) has been passed in favour of the assessee for the relevant assessment year. It has further held that the findings of the Hon’ble Supreme Court in CIT vs. Abhisar Buildwell Pt. Ltd. [2023 SCC OnLine SC 481] did not qualify as “directions” for the purposes of the Section 150 of the Act thereby enabling the Department to bypass the limitation period under Section 149 of the Act.
passed a very crucial judgment with regard to re-opening of assessments under Section 147/148 of the Income Tax in furtherance of the judgment of the Hon’ble Supreme Court of India in CIT vs. Abhisar Buildwell Pt. Ltd. [2023 SCC OnLine SC 481] wherein a batch of over 150 petitions from across the country were decided. The case is titled, (pronounced on 19 March 2024).
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