Direct Tax Vivad Se Vishwas Act, 2020

S. 4 : Filing of declaration-Rejection of declaration-An appeal is not considered ‘pending’ for purpose of Act if appellate authority has refused to condone delay in filing it-Appeal was rejected by Tribunal, High Court and SLP also rejected. [S. 143(3), Art. 226]

S. 250 : Appeal-CIT(A)-Procedure-Additional evidence-Admission under Rule 46A-Order obtained after assessment proceedings-Constitutes sufficient cause; evidence going to root of matter-Admission without remand is justified. [S. 246A, 251; Income-tax Rules, 1962, R. 46A; Expenditure-tax Act, 1987, S. 3, 4]

S. 226 : Collection and recovery-Modes of recovery-Pendency of appeal before CIT (A)-Reassessment-Writ remedy-Where statutory appeal against reassessment is pending, High Court will not examine validity of notice under section 148 or reassessment order-Stay order directing 20 per cent deposit passed on consent is not arbitrary. [S. 147, 148, 246A, Art. 226]

S. 220 : Collection and recovery of tax-Assessee deemed in default-Stay of demand-High-pitched assessment-Local High-Pitched Committee-Pendency of appeal before CIT(A)-Conditional stay on pre-deposit of 20 per cent in instalments held reasonable; denial of out-of-turn hearing upheld. [S. 246A, Art. 226]

S. 151 : Reassessment-Sanction for issue of notice-Mechanical approval-Approval granted with reference to reasons in an annexure which was blank-Sanction held invalid. [S.147, 148, Art. 226]

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Capital gains-Onus on ITO to prove information correct-Assessee cannot be asked to prove a negative-Entire sale consideration cannot be treated as capital gain-the matter was remanded for de novo consideration. [S. 2(47), 45, 148, 148A(b) 148A(d)]

S. 147 : Reassessment-Reason to believe-Notice based on borrowed satisfaction and for income already assessed in another’s hands-Invalid. [S. 69, 148, Art. 226]

S. 147 : Reassessment-Change of opinion-Cash credits-Share capital and share premium-Information from investigation wing-Reopening notice quashed where assessee’s balance sheet showed no transaction of alleged bogus share premium, breaking the ‘live link’ for formation of belief.[S. 68, 148, Art. 226]

S. 147 : Reassessment-Unexplained moneys-No return of income filed-Where an assessee failed to file its return of income and did not respond in time to a notice under section 148, the Assessing Officer was justified in forming a reason to believe that income, in the form of certain receipts, had escaped assessment. [S. 139, 148, Art. 226]

S. 147 : Reassessment-After the expiry of four years-Charitable trust-No failure to disclose fully and truly material facts-Where an assessment was framed under section 143(3), a notice for reopening issued after four years is not valid if the reason to believe is based on information disclosed in the return of income, as it does not constitute a failure to disclose material facts. [S. 11, 12AA, 143(3), 148, Art 226]