Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
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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