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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
ARUN PALLI, C.J., RAJNESH OSWAL
Vidya Sagar Sharma – Appellant
Versus
Union of India – Respondent
JUDGMENT :
OSWAL, J.
1. Pursuant to an order passed under Sections 144/147 of the Income Tax Act, 1961 (for short- ‘the Act’), the respondent No. 3 assessed the tax liability of the petitioner for the Assessment Year 2011-2012 and called upon the petitioner to deposit a sum of Rs.29,73,640/-. Further, by a separate order dated 14.06.2019 passed under Section 271(1)(c) of the Act, the petitioner was directed to deposit a penalty amounting to Rs.10,62,037/- on account of concealment of income.
2. The aforesaid two orders were assailed by the petitioner by way of separate Revision Petitions filed before the Revisional Authority under Section 264 of the Act on 16.03.2020. During the pendency of the said Revision Petitions, the Government of India, Ministry of Finance, introduced the Direct Tax Vivad Se Vishwas Act, 2020 (for short, “the Act of 2020”). The rules under the Scheme were framed vide Notification No. S.O. 1129(E).
3. The petitioner claims to have applied under the Act of 2020 before the respondent No. 2 by submitting online Forms 1 and 2 within the prescribed time for availing the benefits under the Act of 2020. In order to claim the benefit of the Scheme, the petitioner furnish
The conclusive nature of the certificate issued under Section 5(1) of the Scheme and the lack of provision for filing a revised declaration after the acceptance of the original declaration.
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 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.
The appeal is considered pending as soon as it is filed and does not require admission before the specified date under the Direct Tax Vivad Se Vishwas Act, 2020.
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 amount deposited under the Income Declaration Scheme could not be forfeited and should be adjusted under the Direct Tax Vivad se Vishwas Act.
The rejection of a declaration under the Direct Tax Vivad Se Vishwas Scheme cannot be upheld solely on the grounds of appeal irregularity or incompetency, provided it was pending on the specified dat....
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