PCIT Central v. Capital Power Systems Ltd. [2025] 302 Taxman 481 (Delhi)(HC)

S. 150: Assessment-Order on appeal-Conditions set out in S. 150 are required to be fulfilled for invoking S. 150 for issuance of notice under S. 148 beyond the period stipulated under S. 149-Appeal of Revenue is dismissed. [S. 148, 254(1), 260A]

The Hon’ble Delhi High Court in an appeal, was faced with a question whether there was any ‘finding or direction’ in the order of the Tribunal or in the order of Coordinate Bench of the High Court to give effect to which the AO could have issued notice under S. 148 of the Act for the purpose of reassessment or recomputation and specifically with regard to the addition of an amount of Rs. 7 crores on the ground of the same being undisclosed income of the assessee. The Court ultimately concluded that it was clear from the perusal of the order of the Coordinate Bench of the High Court dated 29.07.2015 as well as the order of the Tribunal, CIT(A) that in none of the orders, there was any finding or direction that the undisclosed income of Rs. 7 crores was required to be assessed to tax in the hands of the assessee, which warranted issuance of notice under S. 148 of the Act to give effect to such finding or direction. Appeal of Revenue is dismissed.(AY. 2007-08)

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