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2023 (5) TMI 587 - SUPREME COURTMiscellaneous Application preferred by the Revenue - Reopening of assessment after assessments passed under 153A and 153C dismissed - Hon’ble Court may clarify that the waiver of limitation as stipulated in section 150(2) is to be read in respect of the date of issue of notice for reassessment under section 148 (i.e.) if as on the date the assessment under section 153A or section 153C was passed, a notice under section 148 could have been issued as per the law then in force, then fresh proceedings for reassessment of such income not arising from the incriminating material found in search can now be initiated pursuant to the findings of this Hon’ble Court in the present appeals/application - even though the appeals of the Revenue are dismissed in respect of assessments passed under 153A and 153C the assessing officers would be entitled to reassess such income in terms of Section 147/148 read with section 150. HELD THAT:- As the prayers sought can be said to be in the form of review which requires detail consideration at length looking into the importance of the matter. Therefore, the present application in the form of clarification is not entertained and we relegate the Revenue to file an appropriate review application for the relief sought in the present application and as and when such review application is filed the same can be heard in the open court. The present application is not entertained and we relegate the Revenue to file an appropriate review application seeking the reliefs which are sought in the present application and as and when such review application is filed the same be heard and decided and disposed of in the open court. We relegate the Revenue to file an appropriate review application.
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