Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 – Chapter V of the Finance Act, 2019- Amnesty Scheme .
Clause 126: Verification by designated committee – Failure to deposit the tax with in stipulated time – Rejection of application is held to be justified [ Clause, 127, 129, Art . 226 ]
S. 147 : Reassessment-Wrong recording of reasons-Recorded reasons refers sale of property-Non application of mind-Notice and order was quashed and set aside. [S. 148, Art. 226]
Expenditure tax Act, 1987.
S. 21 : Revision-Notice-Notice can be issued only by Commissioner-Notice issued by Assistant Commissioner-Not Valid-Principles of natural justice-Principle of waiver cannot be invoked so as to confer jurisdiction.
Income Declaration Scheme of 2016,
S. 195 : Power to remove difficulties-Not depositing the first instalment with in time-Board refusing to condonation of delay-Concession and excess indulgence would have demotivating effect on honest taxpayers making regular and prompt tax deposit-Dismissal of application is held to be not justified. [S. 184, ITA, S. 119,(2),(Art.14]
Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
S.10(1): Assessment – No summons are pending – Permitted to travel to UAE and Thailand, with a direction that he shall return to India on or before 6-4-2022, subject to furnishing of security as specified and subject to furnishing a full itinerary of his stay at UAE and Thailand, along with a functional phone number [ Art , 226 ]
Direct Taxes Vivad Se Vishwas Act, 2020.
S. 2(1)(a): Appellant – Declaration processed and Form 3 issued To Assessee -Rejection of declaration -Not valid —State cannot claim benefit of its own mistake. [S. 4 , Art , 226 ]
Gift-tax Act, 1958
S. 15: Assessment – Asset gifted – Valuation — Question of fact .[ S. 15(2)]
Wealth-Tax Act , 1957
S. 17 : Reassessment — Tangible material-Assessment cannot be reopened for redetermination of value based on subsequent sale of property — Reassessment unsustainable- Existence of alternative remedy — Not bar to writ. Art , 226 ]
Black Money ( Undisclosed Foreign Income & Assets) and Imposition of Tax Act , 2015.
S. 43: Penalty for failure to furnish return of income an information , or furnish inaccurate particulars about an asset (including interest in any entity )located outside India- Foreign Bank Account – Signatory for late Mother-Amount was donated to the Charity –Not beneficial owner – Mere no disclosure is not valid ground for levy of penalty – Deletion of penalty was affirmed . [ S.10(3), Income -tax Act , 1961 132(4) 139 , 153A]
Wealth tax Act, 1957.
S. 2(ea): Asset – Land under acquisition by Government – Not includible .