Direct Tax Vivad Se Vishwas Act, 2020
S. 4 : Filing of declaration and particulars to be furnished – Withdrawal application is allowed – Given liberty to restore this appeal in event ultimate decision to be taken on declaration filed by assessee under section 4 was not in favour of assessee [ S. 54F ]
S. 147 : Reassessment – Book profit – No failure to disclose material facts – With in four years – Change of opinion – Reassessment is held to be bad in law . [ S.14A, 115JB , 148 ]
S. 271G : Penalty – Documents – International transaction – Transfer pricing –Failure to maintain documents – Levy of penalty is held to be not justified . [92C(1), 92CA, 92D, 92D(1)]
S. 271(1)(c) : Penalty – Concealment – Failure to deduct tax at source – Transfer pricing adjustments- Explanation 7- Deletion of penalty is held to be justified . [ S.92C ]
S. 246A : Appeal – Commissioner (Appeals) – Appealable orders –Dismissal of appeal – CIT (A) is directed to decide the appeal on merits . [ S.234E, 250 ]
S. 206C : Collection at source – Trading – Alcoholic liquor – Forest produce – Scrap – Levy of interest – Merely because the form No 27 filed by the assessee was incomplete levy of interest is not justified . [ S.201(IA , 206 (7) )
S. 154 : Rectification of mistake – Review is not possible – Ascertain the correct and true nature of expenses – Rectification is held to be bad in law [ S. 37 (1) , 143 ( 3) ]
S. 153D : Assessment – Search – Approval -Information through RTI – Approval not obtained – Order is bad in law [ S.143(3), 153A ]
S. 148 : Reassessment – Notice – Valid service of notice is not mere procedural requirement , it is a condition precedent to validity of any assessment or reassessment – If notice issued is shown as invalid , subsequent proceedings shall be illegal – Service by affixture – Reassessment was quashed as the service of notice was not proper as per the law as per Order V, Rule 12, Rule 17, rule 19, Rule 20(1) and Order III, Rule 2 of the Code of Civil Procedure 1908 . [ S. 147, 149, 282 ]
S. 147 : Reassessment – Cash credits – Information from investigation wing – Merely on the basis of information from investigation wing without any further verification reassessment is bad in law [ S.68, 148 ]