Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

The validity of an order passed by the Interim Board of ...


Court Invalidates CBDT's Additional Conditions; Petitioner Eligible for Settlement Application Post-Abolishment.

August 7, 2024

Case Laws     Income Tax     HC

The validity of an order passed by the Interim Board of Settlement was questioned following the abolishment of the Settlement Commission by the Finance Act, 2021. The issue revolved around the eligibility conditions concerning the extended cut-off date for filing an application u/s 245C. A High Court decision highlighted that the CBDT's notification, imposing additional conditions for eligibility, exceeded its powers u/s 119 of the Act. Consequently, the condition in the impugned notification was deemed invalid and unlawful. The Court ruled that the petitioner was indeed eligible to make an application, rendering the rejection of their application by the Interim Board of Settlement as illegal. The petitioner's settlement application should have been considered in accordance with the law.

View Source

 


 

You may also like:

  1. Ceasure of income tax settlement commission - restriction to the filing of the application before the Interim Board for Settlement - The Court found that the...

  2. The High Court held that the Interim Board for Settlement erred in rejecting the petitioner's settlement application for the relevant assessment years based on the...

  3. Settlement applications filed between 01.02.2021 and 31.03.2021, prior to amendment of Section 245C(5) of the Act, are maintainable before the Interim Board for...

  4. Eligibility of settlement under the VSV Act - It is also settled law that when the Supreme Court or High Court declare the law on a question arising for consideration,...

  5. Application for settlement of cases - High Court has observed that, the assessment order for A.Ys. 2013-14 to 2019-20 could not have been passed as the application filed...

  6. Application for settlement of cases u/s 245C - Writ petition was pending when the Settlement Commission was abolished and Interim Board was brought into operation. This...

  7. Validity of order of Settlement Commission - acceptance of additional income disclosed by the assessee - Petitioner/Income Tax authority could not make out any...

  8. Assessees subjected to search u/s 132 prior to March 31, 2021, retained the right to file applications for settlement before the Interim Settlement Board, provided such...

  9. Settlement in a cheque dishonor case u/s 138 NI Act recorded by the court after satisfying its voluntariness is legally binding. Upon breach, the court must initiate...

  10. The High Court rejected the petition challenging SEBI's decision to not accept the settlement applications. The petitioner's documents were deficient, and it failed to...

  11. Settlement application filed u/s 245C - If assesse voluntarily offer additional income after filing Settlement application, it will lead to quashing of Settlement...

  12. Rejection of Petitioner’s Settlement Applications - The High court acknowledged the delay on the part of the petitioner in submitting the required documents but...

  13. The Supreme Court disposed of the special leave petition as withdrawn, allowing the petitioner to raise the contention regarding the validity of sanction granted by the...

  14. One Time Settlement Scheme for Recovery of Outstanding Dues, 2023. The Court held that the amount deposited by the petitioner, which was categorized as disputed tax,...

  15. Maintainability of application before Settlement Commission - A person who may not be an Importer or Exporter, can still file such an application u/s 127-B of the Act...

 

Quick Updates:Latest Updates