TaxTMI 
TaxTMI 
TaxTMI 
2024 (12) TMI 253
X X X X Extracts X X X X
X X X X Extracts X X X X
.... communicated Form No. 3 i.e., Form for Certificate under sub-section (1) of Section 5 of the Direct Tax Vivad Se Vishwas Act, 2020 and Direct Tax Vivad Se Vishwas Rules, 2020 dated 26/01/2021 issued by the Respondent No. 1 for the assessment year 2006-07 and bearing acknowledgment no. 227623830260121 and enclosed as Annexure E1; b. Issue a writ of certiorari or any other suitable writ for quashing of the digitally signed and electronically communicated Form No.3 i.e., Form for Certificate under sub-section (1) of Section 5 of the Direct Tax Vivad Se. Vishwas Act, 2020 and Direct Tax Vivad Se Vishwas Rules, 2020 dated 26/01/2021 issued by the Respondent No.1 for the assessment year 2007-08 and bearing acknowledgment no.227624440260121 and....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ent No.1 to issue fresh Form No.3 i.e., Form for Certificate under subsection (1) Section 5 of the Direct Tax Vivad Se Vishwas Act, 2020 and Direct Tax Vivad Se Vishwas Rules, 2020 and permit the Petitioner to make payment under the said scheme in such manner that this Hon'ble Court may deem fit in the facts and circumstances of the case. g. Grant such other reliefs as this Hon'ble Court deems fit in this matter including but not limited to costs of this petition." 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that aggrieved by the Assessment orders passed by respondent No.2 -Assistant Commissioner, the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....es - E1 to E4 and submits that there is no merit in the petition and the same is liable to be dismissed. 5. A perusal of the Assessment orders passed in relation to the petitioner for the aforesaid Assessment years will indicate that the same were issued pursuant to search proceedings under Section 132 of the Income Tax Act by specifically quantifying the tax and interest payable by the petitioner. In this context, a perusal of the provisions contained in Section 3 of the DTVSV Act will indicate that the same does not make any difference as regards waiver of interest on disputed taxes and interest on tax not in dispute unlike non-search cases where it is only the interest on disputed taxes which are waived as can be seen from Section 3 of ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ction 132 or section 132-A of the Income-tax Act. the aggregate of the amount of disputed tax and twenty-five per cent. of the disputed tax: provided that where the twenty-five per cent of disputed tax provided that where the twenty-five per cent of disputed tax exceeds the aggregate amount of interest chargeable or charged on such disputed tax and penalty leviable or levied on such disputed tax, the excess shall be ignored for the purpose of computation of amount payable under this Act. the aggregate of the amount of disputed tax and thirty-five per cent. of disputed tax: provided that where the thirty- five per cent. of disputed tax exceeds the aggregate amount of interest chargeable or charged on such disputed tax and penalty leviable ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Supreme Court), the amount payable shall be one-half of the amount in the Table above calculated on such issue, in such manner as may be prescribed." 6. It is needless to state that even as per the respondents themselves, the DTVSV Act is a benevolent piece of legislation which was enacted for the benefit of the tax payer / assessee and the petitioner would be entitled to full / complete benefit of the said scheme envisaged under the DTVSV Act. A plain reading of the provisions contained in Section 3 of the DTVSV Act is sufficient to come to the conclusion that no distinction has been made / drawn between waiver of interest on disputed taxes and waiver of interest on tax not in dispute; it follows therefrom that in the instant case, in the....