On writ High Court held that the prosecution against the assessee was under section 276CC of the Income-tax Act, 1961 pertaining to failure to furnish return under section 139(1) or under section 153A of the Act, that such delayed filing of returns could not be construed to be a “tax arrear” within the meaning of section 2(1)(o) of the Direct Tax Vivad se Vishwas Act, 2020, and that therefore, the rejection of the declarations of the assessee filed under the Act could not be sustained and quashed (AY.2011-12 to 2015-16)
PCIT. v. VPR Mining Infrastructure Pvt. Ltd(2024) 464 ITR 586 (SC) Editorial : VPR Mining Infrastructure Pvt. Ltd. v. UOI(2023)21 ITR-OL 491/ 2022 SCC OnLine TS 3438 (Telangana)(HC)
S. 276CC : Offences and prosecutions-Failure to furnish return of income-Eligibility to file declaration under scheme-Tax arrears-Not a tax arrear under VVSV Act, 2020-Rejection of application-Prosecution is not valid-SLP of Revenue is dismissed. [S. 139(1) 153A, Direct Tax Vivad Se Vishwas Act, 2020, S. 2(1(o), Art.. 136 ]