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Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
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The High Court quashed the order rejecting the issuance of Form 5 under the Direct Tax Vivad se Vishwas Act, 2020 (DTVSV Act) and directed the respondent to issue Form 5 to the petitioner within twelve weeks. The petitioner had paid the entire amount except Rs. 1,533/- within the specified time period on or before 30th September, 2021. The delay of twelve days in payment of Rs. 1,533/- was considered unintentional and supported by a justifiable reason. The petitioner had also paid the difference of the amount payable after 30th September, 2021. The Court held that permitting the petitioner the benefit of the Scheme would not amount to extending or modifying the Scheme, which is the prerogative of the Government.
The High Court quashed the order rejecting the issuance of Form 5 under the Direct Tax Vivad se Vishwas Act, 2020 (DTVSV Act) and directed the respondent to issue Form 5 to the petitioner within twelve weeks. The petitioner had paid the entire amount except Rs. 1,533/- within the specified time period on or before 30th September, 2021. The delay of twelve days in payment of Rs. 1,533/- was considered unintentional and supported by a justifiable reason. The petitioner had also paid the difference of the amount payable after 30th September, 2021. The Court held that permitting the petitioner the benefit of the Scheme would not amount to extending or modifying the Scheme, which is the prerogative of the Government.
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