Reassessment under s.148A held valid; s.69 additions totaling Rs.7,00,000 deleted after acceptable contemporaneous explanations for property investmen...
Adjudication set aside; Rule 9 valuation based on internet engineer report quashed for Rule 3(4) non-compliance; Section 138B cross-examination requir...
The HC allowed the writ petitions and held that assessees possess a statutory right to apply to the ITSC/Interim Board for settlement under the amended Sections 245A-M. The Court concluded the Finance Act, 2021, though retrospective, does not expressly or by necessary implication abrogate vested rights to file settlement applications between 01.02.2021 and 31.03.2021; the amendments merely rendered the ITSC inoperative and transferred pending matters to the Interim Board. The respondents' 28.09.2021 order is to be read down so that the cut-off of 31.01.2021 is read as 31.03.2021. The petitioners' settlement applications filed on 22.03.2021 are therefore validly pending for consideration by the Interim Board.
The HC allowed the writ petitions and held that assessees possess a statutory right to apply to the ITSC/Interim Board for settlement under the amended Sections 245A-M. The Court concluded the Finance Act, 2021, though retrospective, does not expressly or by necessary implication abrogate vested rights to file settlement applications between 01.02.2021 and 31.03.2021; the amendments merely rendered the ITSC inoperative and transferred pending matters to the Interim Board. The respondents' 28.09.2021 order is to be read down so that the cut-off of 31.01.2021 is read as 31.03.2021. The petitioners' settlement applications filed on 22.03.2021 are therefore validly pending for consideration by the Interim Board.
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