2023 (3) TMI 106

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....ording to the scheme of the Act, Respondent No. 1 issued Form - 3 reflecting therein an amount of Rs.8,39,676/-, as the balance amount payable after taking into account and adjusting the amounts of refund etc. for the relevant assessment year 2013-14. This amount had to be paid on or before 31st March, 2021. After 31st March, 2021, the amount payable would be Rs.9,67,194/-. 2. The Petitioner Responded to the Form - 3 and deposited an amount of Rs.8,39,376/- on 21st January, 2021. A Form - 4 was filled up and submitted with Respondent No. 1 as evidence of the payment having been made in terms of Form - 3. Admittedly, the amount paid and refected in Form - 4 was short by approximately Rs.300/-, as against the amount that was required to be....

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....licited based upon such applications. It is in this background that the present petition has been filed seeking a mandamus to Respondent No. 1 for purposes of allowing the Petitioner to pay the balance tax of Rs.300/- and further that the application filed by the Petitioner under the Act be accepted and a Form - 5 issued in that regard. A prayer is also made for purposes of condoning the delay in the payment of the said amount. Objections have been filed, in which the stand taken is that the Petitioner having failed to deposit the entire amount within the prescribed period, the time cannot be extended beyond what was prescribed by the Act and the extensions granted subsequently vide various notifications. It is thus stated that the applicat....

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....and resources both on the part of the Government as well as taxpayers. Moreover, they also deprive the Government of the timely collection of revenue. Therefore, there is an urgent need to provide for resolution of pending tax disputes. This will not only benefit the Government by generating timely revenue but also the taxpayers who will be able to deploy the time, energy and resources saved by opting for such dispute resolution towards their business activities. 3. It is, therefore, proposed to introduce the Direct Tax Vivad se Vishwas Bill, 2020 for dispute resolution related to direct taxes, which, inter alia, provides for the following, namely:-- (a) the provisions of the Bill shall be applicable to appeals filed by ta....

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....sed Bill shall come into force on the date it receives the assent of the President and declaration may be made thereafter up to the date to be notified by the Government." It is thus clear that the spirit of the enactment was to unlock the amounts held up in disputes on account of pendency of various appeals filed by not only the tax payers but also the Government. The amount of disputed tax arrears as reflected in the Bill was an enormous amount of Rs.9.32 lakh crores, which reflected approximately one year's direct tax collection. 7. In the present case it can be seen that the Petitioner being eligible did apply for settlement of these disputes in terms of the Act. The Petitioner's eligibility therefore is not in dispute. It is true....