Preliminary reassessment proceedings generally require statutory remedies unless jurisdiction is wholly absent or mandatory conditions are patently br...
Agricultural land classification requires cumulative factual indicators, while industrial-purpose land and absent agricultural use defeat reinvestment...
Composite residential flat exemption upheld where supplementary agreement merged adjoining units and additional evidence supported the taxpayer's inve...
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The High Court held that an Assessing Officer could not invoke Section 154 of the Income-tax Act, 1961 to rectify a determination made by the Principal Commissioner under Section 5(2) of the Direct Tax Vivad se Vishwas Act, 2020. The scheme itself contains no rectification power, and Section 5(3) makes the amount determined and the order passed under the scheme final and conclusive. As the Act of 2020 does not apply the rectification provisions of the Income-tax Act to such determinations, the rectification order was without authority and was quashed.
The High Court held that an Assessing Officer could not invoke Section 154 of the Income-tax Act, 1961 to rectify a determination made by the Principal Commissioner under Section 5(2) of the Direct Tax Vivad se Vishwas Act, 2020. The scheme itself contains no rectification power, and Section 5(3) makes the amount determined and the order passed under the scheme final and conclusive. As the Act of 2020 does not apply the rectification provisions of the Income-tax Act to such determinations, the rectification order was without authority and was quashed.
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