The Delhi High Court directed to progress the matter under the Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV Act) as there was refund of money after giving credit.
The respondents/revenue are agreeable to refund the money after giving credit qua the same in the challan which concededly requires correction.
The amount to be credited and thereafter remitted to the petitioner/assessee would be Rs. 25 lakhs, even according to the respondents/revenue. However, the respondents/revenue have indicated that interest under Section 244A of the Income Tax Act, 1961 would not be paid to the petitioner/assessee.
S.S. Tomar, counsel who appears on behalf of the petitioner/assessee, says that insofar as the proceedings under Direct Tax Vivad Se Vishwas Act, are concerned, they are positioned at the stage of acceptance of Form-3 and also stated that the petitioner/assessee will be agreeable to correction of the challan and receipt of Rs.25 lakhs, sans the interest.
A Division Bench comprising Rajiv Shakdher and Girish Kathpalia observed that “Therefore, the writ petition is disposed of with a direction that the concerned authority will progress the matter under the 2020 Act, as per law, from the stage at which it is presently positioned. In so far as correction of the challan is concerned, steps in that behalf will be taken by the respondents/revenue and consequential refund of Rs.25 lakhs would be made. This exercise will be completed within three (3) weeks of the receipt of a copy of the order passed today.”
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