Direct Tax Vivad Se Vishwas Act, 2020
S.2(1)(a): Appellant – Pendency of appeal – Condonation of delay – Appeal Of Declarant Should Be Pending —Order condoning delay passed on 23-2-2021 — Appeal of declaration deemed to be pending on specified date 31-1-2020 — Declaration Valid – Directed the Designated Authority to accept the declaration . [ S. 2(n)- Taxation and other Laws (Relaxation of certain Provisions)
S. 37(1): Business expenditure – Explanation 1 – Freebies given to doctors – Prohibited by law – Disallowed as expense – Interpretation -Taxing statutes to be interpreted strictly.-Strict interpretation should not result in absurdity contrary to intention of Parliament [Medical Council Act, 1956, S. 20A , Medical Council (professional Conduct, Etiquette and Ethics) Regulations, 2002, R. 6.8 , Contract Act , 1872 , S. 23 , General Clauses Act , 1897, S.2(38) , Indian Penal Code ,1860, S. 40, 43 ]
S. 263: Commissioner – Revision of orders prejudicial to revenue – CSR funds received – Specific projects – Not income of the trust – sustainable view taken by the Ld. AO – Order of revision set aside. [S. 2(24), 11 ]
S. 98 : Securities Transaction tax-Short collection of tax-Interest and penalty-Purchase or sold through a broker registered with the stock exchange-Stock exchange was not liable to any interest and penalty. [S. 15, 99, 104, Securities Transaction Tax Rules, 2004, R. 3]
S. 2(1)(a)(i) : Appellant-Pending appeal-Appeal was filed on 29 th March 2013 and numbered-High court condoned the delay-The Rejection of application was quashed-Entitle to file Form No-4 in response to Form No. 3. [S. 260A, Art. 226]
S. 281B : Provisional attachment-Mere apprehension on the part of the respondents that huge tax demands are likely to be raised on completion of assessment is not sufficient-Attachment of fixed deposit was quashed. [S. 153A, Art. 226]
S. 271(1)(c) : Penalty-Concealment-Non striking off of irrelevant portion-Order of Tribunal confirming the penalty notice was set aside. [S. 274]
S. 264 : Commissioner-Revision of other orders-Option of the assessee either to file an appeal or to file a revision-Sale of agricultural land-Capital gains-Matter remanded to the Assessing Officer to decide in accordance with law. [S. 2(14)(ii), 2(47), 48, 246A, Art, 226]
S. 264 : Commissioner-Revision of other orders-Reasoned order-DTAA-India-USA. [S. 110-O, Art. 10(2), Art. 226]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Prima facie satisfaction was not arrived by the Commissioner-Interim order-Matter was adjourned to 26-8 2021. [Art. 226]