Benami Property Transactions Act, 1988
S. 3: Benami Property Transactions – Act not retrospective in operation — Not applicable to transactions entered into prior to coming into force of the Act ie. 25-10-2016. [S.2(9)(A)(b), 3(2), 5, Art .20(1) , Art, 226 ]
Direct Tax Vivad Se Vishwas Act, 2020 .
S. 4: Declaration – Delay in payment of tax Time limit for deposit of tax — Substantial amount was deposited – Failure of the Chartered Accountant to information from the portal -Directed the Revenue to accept the balance deposit of tax with interest [ S. 119(2)(b), Art , 226 ]
S. 276CC : Offences and prosecutions-Failure to furnish return of income-Levy of penalty-Tribunal set aside the penalty order-Prosecution is not justified. [S. 271(1)(c), 271F, 276C]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Not all information in possession of the officer can be construed as information that qualifies for initiation of proceedings for reassessment, and it is only such information that suggests escapement and which, based upon the material in his possession-Agreement between doctors and hospital-remuneration paid for fixed amount along with components such as number of patients treated etc. [r.w.s.15, 17, 28(i)][S. 148, Art. 226]
S. 148A : Reassessment Notice-show cause notice before passing the order-Petitioner within a period of four days submitted reply-the petitioner cannot challenge the notice on the ground that clear seven days’ time was not afforded-Writ petition was dismissed. [S. 148, Art, 226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Validity of notice-section 148A would not apply till limitation prescribed under section 148 does not lapse or expire-Notice has stayed-Matter was adjourned to 24-1-2022. [S. 132, 148, 151, Art, 226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issuing of notice-Natural justice-Not considered the material available on record passed order, needs to be set aside for consideration. [S. 148, 148(d), Art. 226]
S. 148 : Reassessment-Notice-Notice issued in the name of a dead person-Reassessment was invalid .[S. 144, 147, Art. 226]
S. 147 : Reassessment-After the expiry of four years-Penny stock-Information from investigation wing-Fresh material-No change of opinion-Reassessment notice is valid. [S. 148, 151, Art. 226]
S. 144B : Faceless Assessment-A bonafide request made for personal hearing through video conferencing on the portal-window for submitting reply was closed before the stipulated time-A gross violation of principles of natural justice-Order was quashed and set aside. [S. 148, Art. 226]