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 March 2025 Year 2025 This

The HC set aside the rejection of the petitioner's application ...


Tax Authorities Cannot Reject DTVSV Application When Matter Is Under Appeal, Must Process Discharge Certificate

March 17, 2025

Case Laws     Income Tax     HC

The HC set aside the rejection of the petitioner's application under the Direct Tax Vivad Se Vishwas Scheme, 2024. The Court held that since the tax liability was under dispute before the Appellate Authority, the petitioner qualified for the scheme regardless of potential jurisdictional issues. The Court found it improper for respondents to reject the application on jurisdictional grounds that should be determined by the Appellate Authority. The HC directed the first respondent to accept the petitioner's application filed on October 4, 2024, and issue a discharge certificate in accordance with DTVSV Scheme provisions.

View Source

 


 

You may also like:

  1. Application u/s 197 - reduction of withholding tax - petitioner had sought a certificate, at “NIL” rate of tax - request to issue certificate at lower was rejected -...

  2. SVLDRS - Discharge Certificate - The adjudicating authority does not have the jurisdiction to proceed with the adjudication without revoking or cancelling the Discharge...

  3. Refund claim - Advance Authorization Scheme - The indisputable position is petitioner has fulfilled its export obligations and, therefore, respondent no.3 should have...

  4. Initiation of CIRP - Period of Limitation - Exclusion of certain period - NCLT rejected the application - The Adjudicating Authority has committed error in rejecting the...

  5. Withholding certificates u/s 197 issued at lower rate tax - Respondents are required to pass an order u/s 197 either rejecting the application for such certificate or...

  6. The High Court quashed the rectification notice, rectification order, and notice of demand issued u/s 154 of the Income Tax Act, holding that the order of determination...

  7. Rejection of an application filed u/s 10 of the Insolvency and Bankruptcy Code (IBC) by the Appellant, where the State Bank of India (SBI) had initiated proceedings u/s...

  8. Section 7 application rejected as barred by Section 10A of IBC. Supreme Court held no bar in amending pleadings or filing additional documents u/s 7, but present case...

  9. The Income Tax Appellate Tribunal held that the payments received by the assessee, a foreign resident without a permanent establishment in India, for providing offshore...

  10. Rejection of Tender application - GST clearance certificate - Petitioner can only be expected to comply with the conditions stipulated in the tender notification and in...

  11. The Advance Ruling Authority (AAR) considered an application regarding the levy of GST under reverse charge mechanism on royalty payments. The AAR cited u/s 98(2) of the...

  12. The HC held that once a certificate (Form No. 5) is issued u/s 5 of the DTVSV Act and the declarant deposits the determined amount, the Designated Authority cannot...

  13. Compounding of offences - compounding application rejected due to delay in filing the application - just because the first application was rejected for default, does not...

  14. This case deals with transfer pricing adjustments made by the tax authorities regarding international transactions involving sale of Paclitaxel, Disodium Pamidronate,...

  15. This appears to be a legal document providing details and schedules related to the Direct Tax Vivad se Vishwas Scheme, 2024 (DTVSV), which aims to settle direct tax...

 

Quick Updates:Latest Updates