Direct Tax Vivad Se Vishwas Act, 2020.

S. 4: Filing of declaration and undertaking in respect of tax arrears-Permission to withdraw its pending civil appeals to avail benefit under Vivad Se Vishwas Scheme; permission was granted and accordingly, appeals were disposed of as withdrawn.[S. 3, Art. 136]

Direct Tax Vivad Se Vishwas Scheme, 2024.
S. 91 : Filing of declaration and particulars to be furnished-Pendency of appeal-Non-Resident-Appeal was filed manually-No Aadhaar No-Rejection of application was set aside-The respondent authority is directed to process the declaration in Form No. 1 filed by the assessee under the DTVSV Scheme, 2024. [R. 45, Art.226

S. 278B: Offences and prosecutions-Companies-Failure to pay tax deducted at source (TDS) within prescribed time limit-Summoning order-Disputed factual matters which must be tested at trial through evidence and cross-examination; summoning order passed against managing director was upheld. [S.276B, 278E, BNSS Act, S.528, CRPC, 482]

S. 276C : Offences and prosecutions-Willful attempt to evade tax-Sanction was given to the Deputy Director for initiating prosecution proceedings; hence, prosecution had to be launched by him alone and by the Assistant Director-Matter was settled in accordance with Section 93 of the Finance (No.2) Act, 2024-SLP was to be disposed of with the observation that judgment was not to be treated as precedent for any purpose. [S. 278BB, 279]

S. 272A : Penalty-Failure to answer questions-Sign statements-Furnish information-Order of High Court was stayed by the Supreme Court vide order dated 30.05.2025-Subsequently revenue had issued a notice for penalty under section 272A-Since order of High Court was already stayed by Supreme Court, penalty notice was also to be stayed.[S.68, Art, 136]

S. 271(1)(c): Penalty-Concealment-Failure to specify the charge-No specific limb was struck off-The Tribunal was justified in deleting the penalty.[S.68, 260A, 274]

S. 268A : Appeal-Instructions-Circulars-Monetary limits-Income from other sources-Deductions-Tax effect was below the monetary threshold limit of Rs. 2 crores as per CBDT Circular No. 9 of 2024, dated 17-9-2024, appeal was to be dismissed for low tax effect. [S.56, 57(iii), 260A]

S. 264: Commissioner-Revision of other orders-82-year-old woman-Order passed by the Commissioner rejecting the application was set aside and remanded to the Commissioner to re-examine the assessment of the assessee and pass appropriate orders. [S. 139, Art.226]

S. 263: Commissioner-Revision of orders prejudicial to revenue-Carry forward and set off of accumulated loss and unabsorbed depreciation-Amalgamation-Demerger-There was no error per se in the order of assessment, and the direction under the order of revision amounted to a mere roving enquiry and the same was set aside.[S.2(19AA), 2(IB), 72A(2), 72A(4)]

S. 263: Commissioner-Revision of orders prejudicial to revenue-Capital gains-Slump sale-assessment order did not address the issue with reference to competing provisions; exercise of power under Section 263 was justified.[S.45, 50B]