Direct Tax Vivad Se Vishwas Act, 2020

S. 4 : Filing of declaration and particulars to be furnished – Tax arrears — Interest not excluded — Charge of interests – Rejection of declaration was held to be not valid – Delay was condoned and communication was issued – Rejection of declaration was held to be erroneous . [ ITACT , S. 234A, 234B , 234C , Art , 226 ]

S. 271(1)(c) : Penalty – Concealment – Alleged wrong claim of deduction – Claim was allowed – Deletion of penalty is held to be justified. [ S.. 10B ]

S. 271(1)(c) : Penalty – Concealment – Alleged wrong claim of deduction – Claim was allowed – Deletion of penalty is held to be justified. [ S.. 10B ]

S. 269UD : Purchase by Central Government of immoveable properties –Transfer of property by charitable Trust – Sanction of Charity Commissioner should be taken in to account – Adequate opportunity was not given – Notice and pre -Emptive purchase was held to be not valid . [ S. 269UC, 269UL, Bombay Public Trust Act, 1950, S. 36, Art , 226 ]

S. 268A : Appeal – Instructions- Issue involved having cascading effect – Fee-Default in furnishing the statements- Does not fall with any criteria prescribed in clause 10 of Circular No 3 of 2018 dated July , 11, 2018 ( 2018 ) 405 ITR 29 (St) , as amended by circular dated August 20 , 2018 ( 2018) 407 ITR 7(St) – Alternative remedy – Writ against the order of Tribunal deleting the addition is held to be not maintainable – [ S. 234E, 254(1) , 260A, 268A(4) Art , 226 ]

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Book profit – Decommissioning levy, interest on decommissioning fund, interest on R & M fund and interest on R & D fund to profit as per profit and loss account – Revision was held to be not justified when in order passed by Commissioner, there was no mention as to under which category of Explanations (a) to (k) of section 115JB(2) these four items would fall- Order of Tribunal quashing the revision order was affirmed [ S. 115JB , 143(3) ]

S. 194H : Deduction at source – Commission or brokerage –No principle agency relation ship -Laboratory and testing services – laboratory and testing services to customers through its own and through third party collection centres- Not liable to deduct tax at source . [ S. 201 (1), 201(1A) ]

S. 194D : Deduction at source – Insurance commission – Insurance Agent – Survey – Foreign travel expenses – Expenses were paid directly to service provided – No amount was paid to the agents – Not liable to deduct tax at source – Order of Tribunal is affirmed [ S. 133A, 194J, 201(1), 201(IA) ]

S. 194A : Deduction at source – Interest other than interest on securities – Builder –Judgement debt – Compensatory interest failure to hand over possession of flat – TDS was not liable to be deducted. [ S. 2(28A) , Real Estate ( Regulation & Development ) Act 2016 (RERA ) Art , 226 ]

S. 148 : Reassessment –Merger – Notice issued in the name of entity which had ceased to exist – Fundamental error – Which cannot be corrected under section 292B of the Act [ S. 147 , 292B , Art , 226 ]

S. 147 : Reassessment –With in four years- Jurisdictional issue – Capital gains –Large deduction of expenses – Exemption claimed – Prima facie showing escapement of income – Notice of reassessment is held to be valid – Writ is held to be not maintainable [ S. 45, 54F , 143(1), 148 , Art , 226 ]