Income Tax Act, 1961
Section 4: Ins. by Act 7 of 2017, s. 60 (w.e.f. 12017).
4. Ins. by Act 7 of 2017, s. 60 (w.e.f. 12017).
592
Provided further that assessment or reassessment, if any, relating to any assessment year falling
within the period of six assessment years 1[and for the relevant assessment year or years] 2[referred to
in this sub-section] pending on the date of initiation of the search under section 132 or making of
requisition under section 132A, as the case may be, shall abate:
3[Provided also that the Central Government may by rulesmade by it and published in the Official
Gazette (except in cases where any assessment or reassessment has abated under the second proviso),
specify the class or classes of cases in which the Assessing Officer shall not be required to issue
notice for assessing or reassessing the total income for six assessment years immediately preceding
the assessment year relevant to the previous year in which search is conducted or requisition is made
1[and for the relevant assessment year or years]:
1[Provided also that no notice for assessment or reassessment shall be issued by the Assessing
Officer for the relevant assessment year or years unless—
(a) the Assessing Officer has in his possession books of account or other documents or
evidence which reveal that the income, represented in the form of asset, which has escaped
assessment amounts to or is likely to amount to fifty lakh rupees or more in the relevant
assessment year or in aggregate in the relevant assessment years;
(b) the income referred to in clause (a) or part thereof has escaped assessment for such year
or years; and
(c) the search under section 132 is initiated or requisition under section 132A is made on or
after the 1st day of April, 2017.
Explanation 1.—For the purposes of this sub-section, the expression “relevant assessment year” shall
mean an assessment year preceding the assessment year relevant to the previous year in which search is
conducted or requisition is made which falls beyond six assessment years but not later than ten
assessment years from the end of the assessment year relevant to the previous year in which search is
conducted or requisition is made.
Explanation 2.—For the purposes of the fourth proviso, “asset” shall include immovable property
being land or building or both, shares and securities, loans and advances, deposits in bank account.]
4[(2) If any proceeding initiated or any order of assessment or reassessment made under
sub-section (1) has been annulled in appeal or any other legal proceeding, then, notwithstanding anything
contained in sub-section (1) or section 153, the assessment or reassessment relating to any assessment
year which has abated under the second proviso to sub-section (1), shall stand revived with effect from
the date of receipt of the order of such annulment by the 5[Principal Commissioner or Commissioner]:
Provided that such revival shall cease to have effect, if such order of annulment is set aside.]
Explanation.—For the removal of doubts, it is hereby declared that,—
(i) save as otherwise provided in this section, section 153B and section 153C, all other provisions
of this Act shall apply to the assessment made under this section;
(ii) in an assessment or reassessment made in respect of an assessment year under this section, the
tax shall be chargeable at the rate or rates as applicable to such assessment year.
the Assessing Officer has in his possession books of account or other documents or
evidence which reveal that the income, represented in the form of asset, which has escaped
assessment amounts to or is likely to amount to fifty lakh rupees or more in the relevant
assessment year or in aggregate in the relevant assessment years;
the income referred to in clause
or part thereof has escaped assessment for such year
or years; and
the search under section 132 is initiated or requisition under section 132A is made on or
after the 1st day of April, 2017.
Explanation 1.—For the purposes of this sub-section, the expression “relevant assessment year” shall
mean an assessment year preceding the assessment year relevant to the previous year in which search is
conducted or requisition is made which falls beyond six assessment years but not later than ten
assessment years from the end of the assessment year relevant to the previous year in which search is
conducted or requisition is made.
Explanation 2.—For the purposes of the fourth proviso, “asset” shall include immovable property
being land or building or both, shares and securities, loans and advances, deposits in bank account.]
4[
If any proceeding initiated or any order of assessment or reassessment made under
sub-section
has been annulled in appeal or any other legal proceeding, then, notwithstanding anything
contained in sub-section
or section 153, the assessment or reassessment relating to any assessment
year which has abated under the second proviso to sub-section
save as otherwise provided in this section, section 153B and section 153C, all other provisions
of this Act shall apply to the assessment made under this section;
in an assessment or reassessment made in respect of an assessment year under this section, the
tax shall be chargeable at the rate or rates as applicable to such assessment year.