Home Case Index All Cases Income Tax Income Tax + SCH Income Tax - 2024 (4) TMI SCH This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (4) TMI 608 - SC ORDEREligibility of Vivad se Vishwas scheme - Denial of claim as prosecution proceedings u/s 276CC of the Act were instituted for the aforesaid assessment years before the date of filing of the declarations and the proceedings were pending - As decided by HC [2022 (7) TMI 286 - TELANGANA HIGH COURT] prosecution against petitioner No.1 is u/s 276 CC which pertains to failure to furnish return under Sections 139 (1) or under Section 153 A etc., of the Act. Such delayed filing of income tax returns cannot be construed to be a ‘tax arrear’ within the meaning of Section 2 (1) (o) of the Vivad se Vishwas Act. Therefore, such pending prosecution cannot be said to be in respect of tax arrear though it may be relatable to the assessment years in question and cannot render petitioner No.1 ineligible. Thus, rejection of the declarations of petitioner No.1 by the respondents cannot be sustained HELD THAT:- Having considered the matter in detail we dismiss this Special Leave Petition. However, we keep the question of law open. Pending application(s), if any, shall stand disposed of.
|