Direct Tax Vivad se Vishwas Act, 2020. (2020) 422 ITR (St.) 121)
Pendency of appeal- Appeal decided by Tribunal- Delay in serving order on assessee-Appeal cannot be treated as pending-Rejection of assessee’s declaration Justified [Art. 226]

Income Declaration Scheme 2016 ((2016) 384 ITR (St.) 87)/ (2016) 384 ITR (St.) 1)
S. 183: Declaration under Scheme-Assessee fulfilling Amounts paid as advance tax and on condition prescribed by Scheme Tax payable by assessee self-assessment to be deducted-Directed to give credit of advance tax and self assessment tax. [Art. 226

S.11: Expenditure-tax-Reassessment -No limitation was prescribed – Not barred by limitation- Appeal-High Court- Court cannot reappreciate evidence to record a different finding of fact even if another view possible on basis of material on record [S. 8, 9, 11(1)(a), 11(1)b), ITAct, 260A]

S. 271(1)(c) : Penalty – Concealment-Settlement commission- Burden of proof- Burden on revenue to prove concealment of income-Order of Settlement Commission set aside.[S. 50C, 245D, 271(1) explanation (c), Art. 226]

S. 269UC : Purchase by Central Government of immoveable properties – Restrictions on transfer-Failure by Government to deposit apparent consideration within stipulated time pursuant to order of Appropriate Authority for compulsory purchase-Parties terminating agreement and vendors selling property to new purchaser Suit filed by new purchaser for declaration that order for compulsory purchase stood abrogated and all rights in property vested in its favour-Abrogation of order taking place by operation of law consequent upon failure to deposit consideration within time frame as stipulated in section 269UG-No question of giving a further declaration that order cancelled or set aside-Not a case where order for compulsory purchase being “called in question” by filing suit if decreed will not have effect of setting aside or modifying order of Appropriate Authority-Suit neither barred under provisions of section 269UN or section 293- Order of single judge holding suit barred set aside and suit restored-Called in question”-“Abrogate” [S. 269UD, 269UE(1), 269UF, 269UG, 269UH, 269UN, 293, Civil Procedure Code, 1908, S. 9.]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Amalgamation- Depreciation-Demerger-Goodwill-Difference between net assets and shares to be issued credited as goodwill and depreciation allowed – Scrutiny assessment- Order of Tribunal setting aside revision order was affirmed.[S. 32(1), 43(6), Expln. 3(b), 143(3), 260A]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Amalgamation-Depreciation-Demerger-Goodwill-Difference between net assets and shares to be issued credited as goodwill and depreciation allowed – Scrutiny assessment- Order of Tribunal setting aside revision order was affirmed by High Court – SLP of revenue was dismissed, [S. 32(1), 43(6), Expln. 3(b), 143(3) Art, 136.]

S. 260A : Appeal-High Court-Delay in filing appeal-Discretion to condone delay-Sufficient cause for delay-Delay to be condoned.

S. 250 : Appeal-Commissioner (Appeals) – Procedure-Additional grounds -Death of assessee-Pendency of application- Order dismissing the appeal – Order set aside and matter remanded to appellate authority for disposal of appeal afresh in light of application for additional grounds and orders passed by Assessing Officer for other years.[S. 246A, Art. 226]

S. 245D : Settlement Commission-Settlement of cases-Procedure – Application-Single judge allowing writ petition filed by Commissioner of Wealth-tax and Commissioner of Income-tax against order under section 245D(4) passed by Settlement Commission No allegation that decision of Settlement Commission not in accordance with provisions of Act or based on bias, fraud and malice-Order of single judge in writ petition set aside-Blackstonian theory- Precedent Retrospective application of later judicial decision theory-Decision rendered later would have retrospective effect clarifying legal position which was earlier not correctly understood.[S. 245B(3), 245D(4) Art. 226]