It is hereby directed to refer to Board Instructions of even no. dated 29.06.2016 & 28.12.2016 (copy available on CBEC website) on the above subject.

2. In this regard, I am directed to say that the Board inter alia, had referred the issue of pending adjudications of cases covered by the above said Board Instruction to the Ld. Solicitor General of India. The Ld. Solicitor General has opined, inter alia, that in view of the unconditional stay in force, granted by the Hon’ble Supreme Court, the Department could continue with adjudication of the Show Cause Notices hitherto covered by the Mangali Impex judgment.

3. Thus in view of the opinion of the Ld. Solicitor General, the Board Instruction of even no. dated 29.06.2016 & 28.12.2016 on the above subject are hereby withdrawn.  Consequently, the Show Cause Notices, which were kept in the Call Book in view of the above said Board Instructions, needs to be taken out of the Call Book immediately and the adjudication of such Show Cause Notices are to be proceeded with in accordance with law.

Yours faithfully,

(Harsh Vardhan)

Senior Analyst

Ph. 011-26195405

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    I hope by reading this article you got enlighten on ,Dept can adjudicate Show Cause Notices despite unconditional stay by SCPrior approval necessary for assessment in cases of search or requisition., When ITO needs to take prior approval of Joint commissioner under Income tax act(153D)?, Bare act portion of section 153D of Income tax act 1961, further to mention before taken any financial decision based on this content it is prefered to take an expert opinion as matter can be subjective.