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YASHWANT VARMA, RAVINDER DUDEJA
NRA Iron And Steel Pvt Ltd – Appellant
Versus
Income Tax Department – Respondent
JUDGMENT :
RAVINDER DUDEJA, J.
1. The present Writ Petition has been filed by the writ petitioner- assessee, challenging the order dated 28.01.2021, passed by respondent No. 1, dismissing the revised application filed by the petitioner on the internet portal of respondent No. 1 seeking to avail the benefit of Direct Tax Vivad Se Vishwas Act, 2020 [“DTVSV Act”] for the Assessment Year [“AY”] 2009-10.
2. As per the facts succinctly captured in our order dated 19.03.2021, Petitioner-assessee fought the Revenue upto the Supreme Court in respect of the assessment made qua AY 2009-10. He had succeeded before the Commissioner of Income Tax (Appeals) [“CIT(A)”]. The Income Tax Appellate Tribunal [“ITAT”] vide judgment dated 16.10.2017 upheld the order of CIT(A).
3. The order of the Tribunal was upheld by this Court vide judgment rendered on 26.02.2018. However, the Special Leave Petition against the High Court order was allowed by the Supreme Court vide order dated 05.03.2019. The application preferred by the petitioner for recall of the said order was also rejected by the Supreme Court vide order dated 25.10.2019.
4. It is thereafter that petitioner-assessee preferred a review petition. The re
The court ruled that a review petition qualifies as a pending appeal under the Direct Tax Vivad Se Vishwas Act, allowing the petitioner to seek benefits under the Act.
Section 2(1)(j) uses words “any appeal” which even on a literal interpretation would mean any one or more appeals.
Point of Law : Income Tax Act – Scheme "provide for resolution of disputed tax – Cut of date – Delay in making application - Scheme was intended to give a quietus to huge pending direct tax litigatio....
The court ruled that minor delays in tax payments under the Direct Tax Vivad se Vishwas Act should not preclude benefits intended by the legislation, emphasizing a liberal interpretation of beneficia....
The Court rules that waivers and disputes concerning interest under the VSV Act can validly be treated as 'disputes', requiring the designated authority to address them despite the CIT's rejection on....
Taxation - Self-assessment tax - Assessment order - The ineligibility to file declaration relates to an assessment year in respect of which prosecution has been instituted on or before the date of de....
The eligibility for the DTVSV Scheme is determined by the status of the appeal on the specified date, affirming that appeals deemed non-maintainable subsequently do not invalidate such eligibility.
Income Tax - tax arrear - debarment must be in respect of tax arrear as defined - To hold that an assessee would not be eligible to file a declaration because there is a pending prosecution for asses....
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