Direct Tax Vivad Se Vishwas Act, 2020.

S. 2(1)(j): Disputed tax-Pendency of appeal-Rejection of declaration-Pendency of review petition-Review petition will also partake the character of pending proceedings and therefore the assessee should not have been non-suited or treated as ineligible for claiming benefit under DTVSV Act—Impugned order is hereby set aside—Respondent is directed to accept the revised declaration form filed by the assessee and process the same in accordance with DTVSV Act, 2020 and pass requisite orders in terms thereof. [S. 2(1)(a)(i), Art. 226]

S. 281 : Certain transfers to be void-Priority of claim-Sale of property for dues of State Sales-tax Department— Provision of S. 26B of KGST Act, by virtue of the non obstante clause, excludes the operation of “any other law in force” and creates a first charge on the property of the dealer-The properties in possession of the petitioners cannot be proceeded against for realization of the arrears payable under the IT Act. [S. 222, Sch. II, R, 2& 16, Kerala General Sales Tax Act, 1963, S. 26B]

S. 271(1)(c) : Penalty-Concealment-Revised return-After survey-Additional income—Order of Tribunal confirming the penalty is affirmed. [S. 139(5), 260A]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-The AO had made all inquiries and verifications as required under the law-Order of Tribunal quashing the revision order is affirmed-No substantial question of law.[S. 143(3), 260A]

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Collection and recovery-Assessee deemed in default-Sufficient opportunity was provided-Order of single judge dismissing the writ petition is affirmed-Order is modified to the extent to remit 20 per cent of the disputed tax as a precondition for filing a stay petition along with the appeal before the Tribunal.[S. 220(6), 250(4), Art. 226]

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Appeal filed manually-Dismissal of appeal-Appellate authority is directed to take into consideration the date of filing of the manual appeal for the purposes of calculating and appreciating the issue of delay in respect of the appeal preferred online. [S. 250, Art.226]

S. 244A : Refunds-Interest on refunds-Directed to refund the amount with interest.[R. 31A,Form No 26B, Vivad Se Vishwas Act, 2020, S. 5, 6, 7, Art. 226]

S. 237 : Refunds-Delay in payment—Laxity of Department—Strictures-Refund of tax amount if any, ought to be immediately granted to assessee-Delayed payment of refunds burdens the public exchequer-Rules would be required to be framed-Accountability is required to be fixed. [S. 239, 244A, Art. 226]

S. 158BC : Block assessment-Undisclosed income-Evidence collected and noticed during the search can be considered for assessment-Cross examination of parties-Ghost of benami companies-Assessment order is correctly assessed-No substantial question of law.[S. 158BB, 260A]