Black Money (Undisclosed Foreign Income & Assets) and Imposition of Tax Act, 2015 .

S.50: Punishment for failure to furnish return of income –Information about an asset – located outside India – Punishment for wilful attempt to evade tax – Foreign asset – Prosecution – Pendency of appeal before CIT(A) – Criminal provision of sections 50 and 51 could not have a retrospective effect – Stay of criminal proceedings- Notice was issued to Advocate General regarding petition filed by petitioner and stay granted earlier to be extended till next date of hearing . [ S. 51 , Income -tax Act , 1961 , S.276C , Art . 226 ]

Black Money (Undisclosed Foreign Income & Assets) and Imposition of Tax Act, 2015 .

S. 41 :Penalty in relation to undisclosed foreign income and asset – Penalty for failure to furnish in return of income, an information or furnish inaccurate particulars about an asset (including financial interest in any entity) located outside India -Pendency of appeal – Directed to hear the assessee and pass the order after considering the submission of the assessee . [ S. 15, 42 , 43 , Art. 226 ]

S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident – Reimbursement of mobilisation and demobilisation costs to a foreign company – Subsequently the foreign company was held liable to tax in India – Not liable to deduct tax at source – Cannot be treated as assessee -in -default – DTAA -India – Netherlands .[ S. 9(1)(vi), 195, Art. 12, Art. 136 ]

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Where the alleged escaped income is below the prescribed monetary threshold of Rs.50 lakhs, the period of limitation as stipulated under Clause (a) of Sub-section (1) of Section 149 of the 1961 Act would be applicable- The period prescribed under the said Clause is three (03) years from the end of the relevant assessment year – Reopening notices dated 30.6.2021 and 28.06.2021 issued were held to be barred by limitation . [ S. 148 , 148A(b) , 148A(d), 149(1))(a) , Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S. 3 , Art .142 , 226 ]

S. 250: Appeals – Commissioner of ( Appeals ) – National Faceless Appeal Centre ( NFAC) -Pendency of appeals – Delay in disposal of appeals – Honourable court has directed the government to take appropriate measures to fill up all vacant posts and also increase the sanctioned strength of Commissioner (Appeals) so as to achieve the target at least 570 of such posts . [S. 246, 250(6A), Art . 226 ]

S. 254(1): Appellate Tribunal- Powers- Ex -parte order – Search – Alleged Accommodation entry provider – 32,000+ beneficiaries- Shell companies -Alleged Money Laundering – Direction issued by the Tribunal to AO to intimate/report to SEBI, ED, MCA and ROC regarding details of money laundering activities-Directed the Assessing officer to share information about all beneficiaries within 90 days – Ex -parte order was quashed – Direction of the Appellate Tribunal was set aside – Tribunal must try and confine itself to the question that really arises in the appeal before it and not travel outside the ambit of its jurisdiction and express opinions prejudicial to the assessee which may help the Department in taking proceedings against the assessee – Court directed the Tribunal decide on merits . [S. 68, 132, 150, Prevention of Money- Laundering Act, 2002; 11, Art. 226]

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Information – Internal Audit objection- Not permissible – Change of opinion -Information not based on the objection raised by the Comptroller and Auditor General of India – Reassessment impermissible- Change of opinion- Audit objection raised by CAG a view deviating from that which was taken in the course of original assessment order is change of opinion -Impermissible . [ S. 45, 48, 50C, 148 ,148A(b), 148A(d), 151 Art. 226 ]

Direct Tax Vivad Se Vishwas Act, 2020.
S. 4 : Filing of declaration and particulars to be furnished-Delay in filing of an appeal-Pending-Pendency of appeal. [S. 2(1)(a), 10, Art. 226]

S. 281B : Provisional attachment-Fixed deposit of two banks-Recording of satisfaction-Mere apprehension that huge tax demands were likely to be raised on completion of assessment was not sufficient to constitute formation of opinion for purpose of provisional attachment-Order of provisional attachment is held to be illegal.[Art. 226]