Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
