Embezzlement losses in charitable institutions remain allowable when misappropriation is established, irrecoverable, and not a specified-person benefi...
National long-distance undertaking status supports deduction where separately licensed infrastructure, resources, revenue, and expenditure establish c...
Agency reimbursement income follows contractual deposit-liability computation, while pending deposit collections do not constitute deemed-dividend loa...
Membership-consent thresholds for oppression petitions are satisfied by unchallenged voter-list consents, while unsupported forgery claims require pro...
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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