If the assessment order has been framed in the case of a taxpayer under section 143(3) /144 of the Act based on the search executed in some other taxpayer's case, whether it is to be considered as a search case or non-search case under Vivad se Vishwas?
FAQs on Direct Tax Vivad Se Vishwas Act, 2020
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Search case classification under Vivad se Vishwas applies when an assessment is based on another taxpayer's search. An assessment under section 143(3) or 144 premised on material originating from a search in another taxpayer's case is to be treated as a search case for the purposes of the Vivad se Vishwas scheme, with classification determined by the source of the information underpinning the assessment rather than the procedural form of the assessment order.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Search case classification under Vivad se Vishwas applies when an assessment is based on another taxpayer's search.
An assessment under section 143(3) or 144 premised on material originating from a search in another taxpayer's case is to be treated as a search case for the purposes of the Vivad se Vishwas scheme, with classification determined by the source of the information underpinning the assessment rather than the procedural form of the assessment order.
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