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Friday, March 20, 2020

[ACCA_Profs] Imp SC Verdict On Stay On Recovery Of Demand Due To Corona Virus Crisis + ITAT To Hear Urgent Matters Via WhatsApp + Article On Vivad Se Vishwas Scheme

 

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Dear Subscriber,

The following important updates are available at itatonline.org:

UOI vs. P. D. Sunny (Supreme Court)

Coercive Recovery of taxes etc during Corona Virus crisis: The orders of the Allahabad & Kerala High Courts directing the authorities to defer coercive recovery of taxes is stayed in view of the stand of the Government that the Government is fully conscious of the prevailing situation and would itself evolve a proper mechanism to assuage concerns and hardships of every one

There shall be ex-parte ad-interim stay of the impugned judgment and order(s) passed in the aforesaid writ petitions and of further proceedings before the High Court(s), in view of the stand taken by the Government of India through learned Solicitor General, before us, that the Government is fully conscious of the prevailing situation and would itself evolve a proper mechanism to assuage concerns and hardships of every one

ITAT Mumbai To Hear Urgent Matters Via Skype, WhatsApp During Corona Crisis + Delay In Filing Appeals To Be Condoned

The Hon'ble President of the ITAT has issued a directive dated 20th March 2020 stating inter alia that the filing of appeals etc before all Benches of the ITAT may be postponed up to 01.04.2020 and that corresponding delay will qualify for condonation. The ITAT Mumbai has issued two directives stating inter alia that arrangements have been made to hear extremely urgent matters via Skype, WhatsApp etc

Vivad Se Vishwas Scheme: The Law, Procedure And Dilemma

Advocate Shashi Bekal has conducted a holistic analysis of the Vivad se Vishwas scheme in the light of all recent developments. He has also provided a practical guide on how the declaration forms have to be filled and payment made. He has called upon the Government to extend the due date for payment of the tax in view of the prevailing lockdown in the Country.. He has argued that the failure to extend the due date will expose the Scheme to serious legal challenge from disgruntled taxpayers

AIFTP To Challenge Non-Extension Of Due Date Under Vivad Se Vishwas Scheme

The AIFTP has announced that it will file a Writ Petition before the Hon'ble Delhi High Court to challenge the inaction of the Government in the matter of extending the due date of 31st March 2020 for making payment under the Vivad Se Vishwas Act. It is pointed out that as the Act was enacted on March 18, 2020 with less than 10 working days from the cut-off date, it is virtually impossible for taxpayers to receive a certificate under the VSV Act from the designated authority to make the payment in full and final settlement of tax disputes. This is not only unfair to the tax payers but also will defeat the intention and purpose of this legislation

See Also: Digest of case laws (updated regularly) containing latest judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals 

Regards,

 

Editor,

 

itatonline.org

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Latest:

Income-Tax Dept Issues Detailed Instructions On Vivad Se Vishwas Forms

The Income Tax Department has issued detailed instructions on how to fill up the declaration forms specified under The Direct Tax Vivad Se Vishwas Rules, 2020. A copy is available for download

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