Direct Tax Vivad se Vishwas Act, 2020 .
S. 9 : Act not to apply in certain cases – Tax arrear-Prosecution has been instituted on or before the date of filing of declaration – Prosecution has to be in respect of tax arrear which is relatable to an assessment year – Directed the authorities to decide the declaration in conformity with the DTVSV Act- SLP of Revenue is dismissed . [S. 2(1)(o), 9(a) (ii), S. 276C(2), 278B, Art. 226]
Direct Tax Vivad se Vishwas Act, 2020 .
S.4:Filing of declaration and particulars to be furnished Rectification of order — Allegation of false declaration- Determination of tax attained finality- Once certificate is issued by Designated Authority — Rectification notice is barred by limitation .[ S. 3, 4(6), 5 , ITAct , 154 , Art. 226, Form No 5 ]
Prevention of Corruption Act, 1988.
S. 13: Criminal misconduct by a public servant-A Government Servant-Prevention of corruption-Criminal misconduct-Offences and prosecution-Discharge of accused-Special bearer bonds-Unexplained investments-Assets acquired in the name of son-Trust-Separate entity-Proceedings under Income Tax Act which were sought to be relied upon were related to assessment of income of assessee and not related to source of income and allegation of disproportionate assets under Prevention of Corruption Act, thus, said orders could not be basis to abort criminal proceeding-Trial court is directed to complete the trial expeditiously. The Court is only required to consider judicially whether the material warrants the framing of charge without blindly accepting the decision of the prosecution. Appeal is dismissed. The Trial court is directed to complete the trial expeditiously [S. 13(1)(c), 13(2) IT Act, 1961,S 69, 254(1) Art. 136]
S. 4 : Scope of total undisclosed foreign income and assets-Notice-Sought 45 days to provide bank statements from a closed DBS Bank account-Request is held to be reasonable-High Court directed the CIT(A) to consider request of assessee. [S. 250, Art. 226]
Wealth -tax Act , 1957
S.35B: Failure to furnish returns of net wealth-Mechanical approval – High Court quashed the proceedings – Death of assessee – Criminal appeal abated Non-filing of return is not a continuing offence – Court held that since sole assessee had died and she had been discharged, criminal appeal stood abated and disposed of . [ Art. 136 ]
S. 264 : Commissioner-Revision of other orders-concessional rate of tax on dividend distributed to its foreign holding company-Not justified in rejecting revision application on ground that assessee could have filed a revised return or an appeal under section 248-DTAA-India-Mauritius-Matter remanded to decide on merit. [S. 9(1)(i), 90, 139(5), 195, 248, art. 10(2),Art.226]
S. 80G : Donation-No specific time frame mandated for carrying out charitable activities under section 800G(vi) of the Act-Order of Tribunal directing the Commissioner to grant approval is affirmed by High Court-SLP of Revenue is dismissed.[S. 80G(vi), Art.136]
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Order based on New reasons-Adequate opportunity should be provided-Order is set aside.[S.144B, 148, 148A(b), Art.226]
Black Money ( Undisclosed Foreign Income and Assets ) and Imposition of Tax Act , 2015 .
S. 10: Assessment – Non -Resident Indian living in Dubai – Serach – Undiclosed foreign asseets – Look Out Circular (LOC) – Mere fact that information sought through Foreign Tax and Tax Research from other jurisdictions such as UAE was still awaited could not be reason to keep LOC against assessee pending to curtail his fundamental rights and thus, LOC is quashed . [ ITAct , 132 , Art. 226 ]
Prohibition of Benami Property Transactions Act, 1988 , Benami Transactions (Prohibition) Amendment Act, 2016 .
S. 2(9) : Benami Transactions- Provisional attachment order – Alternative remedy – Writ petition is dismissed .[ S.24(1), 24(3) , Art. 226 ]