Online bond platforms may offer overseas-regulated products and tax-specific bonds subject to disclosures, compliance safeguards and revised complianc...
Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
The High Court held that the petitioner was entitled to apply under the Direct Tax Vivad Se Vishwas Act, 2020 (VSV Act) as an appeal regarding disputed tax was pending before the Income Tax Appellate Tribunal (ITAT) on the date of filing the application. The eligibility to apply under the VSV Act is not contingent on the merits of the maintainability of the appeal. The mere pendency of an appeal concerning any disputed tax before the ITAT or the Commissioner of Income Tax (Appeals) is sufficient to file a declaration u/s 4(1) of the VSV Act. The impugned communication rejecting the petitioner's declaration was set aside, and the designated authority was directed to consider the petitioner's declaration and undertaking in accordance with the applicable law.
The High Court held that the petitioner was entitled to apply under the Direct Tax Vivad Se Vishwas Act, 2020 (VSV Act) as an appeal regarding disputed tax was pending before the Income Tax Appellate Tribunal (ITAT) on the date of filing the application. The eligibility to apply under the VSV Act is not contingent on the merits of the maintainability of the appeal. The mere pendency of an appeal concerning any disputed tax before the ITAT or the Commissioner of Income Tax (Appeals) is sufficient to file a declaration u/s 4(1) of the VSV Act. The impugned communication rejecting the petitioner's declaration was set aside, and the designated authority was directed to consider the petitioner's declaration and undertaking in accordance with the applicable law.
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