The petitioner has filed the declaration for settling the dispute in respect appeals pending. The Authorities rejected the declaration on the ground that the prosecution has been initiated for failure to deposit the self assessment tax. On writ allowing the petition the Court held that where the prosecution had been instituted against assessee under section 276C(2), prosecution cannot be said to be in respect of tax arrear and hence, declaration of assessee would have to be decided in conformity with provisions of DTVSV Act. Circulars and Notifications : Circular No. 21/2020, dated 4-12-2020. (2020) 429 ITR 1 (St). Relied on Macrotech Developers Ltd. (2021) 434 ITR 131/ 280 Taxman 137 (Bom)(HC). SLP of Revenue is dismissed . (AY. 2010-11, 2011-12)
PCIT v. Pragati Pre Fab India Pvt. Ltd. (2024)467 ITR 167 /300 Taxman 358 (SC) Editorial : Pragati Pre Fab India (P.) Ltd. v. PCIT (2023) 295 Taxman 269 / (2024)460 ITR 387 / 337 CTR 862 (Bom.) (HC)
Direct Tax Vivad se Vishwas Act, 2020 .
S. 9 : Act not to apply in certain cases – Tax arrear-Prosecution has been instituted on or before the date of filing of declaration – Prosecution has to be in respect of tax arrear which is relatable to an assessment year – Directed the authorities to decide the declaration in conformity with the DTVSV Act- SLP of Revenue is dismissed . [S. 2(1)(o), 9(a) (ii), S. 276C(2), 278B, Art. 226]