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Court Orders Re-evaluation of Application under Direct Tax Vivad Se Vishwas Scheme, 2014; Relief from Interest Charges Granted The HC allowed the petition challenging the rejection of the application under the Direct Tax Vivad Se Visvas Scheme, 2014. The petitioner faced interest ...
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Court Orders Re-evaluation of Application under Direct Tax Vivad Se Vishwas Scheme, 2014; Relief from Interest Charges Granted
The HC allowed the petition challenging the rejection of the application under the Direct Tax Vivad Se Visvas Scheme, 2014. The petitioner faced interest charges under Sections 234A, 234B, and 234C of the Income Tax Act, 1961, due to delayed tax payments. The court set aside the rejection order and directed the Commissioner of Income Tax to re-evaluate the petitioner's declaration under the scheme, granting relief based on established legal precedents.
The petitioner challenged an order rejecting their application under the Direct Tax Vivad Se Visvas Scheme, 2014 related to interest charged under Sections 234A, 234B, and 234C of the Income Tax Act, 1961. The petitioner had sold shares in Vikas Telecom Limited to Embassy Property Developments Pvt. Ltd. under a Share Purchase Agreement. Due to a delay in the realization of the capital gains tax liability, the petitioner sought a refund of Advance Tax paid for A.Y. 2014-15 to use for A.Y. 2015-16. The refund was delayed, leading to difficulties in meeting the tax liabilities for A.Y. 2015-16, resulting in interest charges under Sections 234A, 234B, and 234C. The petitioner's application for waiver of interest was dismissed, leading to the filing of a petition before the High Court.The court considered the petitioner's arguments, including reliance on precedents such as Kapri International Pvt. Ltd. v. Commissioner of Income-tax-IV and Tvl. Sanmac Mootor Finance Ltd. v. Central Board of Income-tax. The court found that the principles established in these cases applied to the present matter. Consequently, the court allowed the petition, setting aside the rejection order and directing the Commissioner of Income Tax to re-examine the petitioner's declaration under the DTVSV Scheme.In conclusion, the court granted relief to the petitioner based on established legal principles, emphasizing the need for a reassessment of the petitioner's case under the applicable procedures.
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