2023 (7) TMI 1528 - SCH - Income Tax

Claim for credit in respect of advance tax paid by a declarant under the Scheme, 2016 - character of the advance tax - Income Declaration Scheme, 2016 - Is advance tax entitled to the same dispensation as is given to the TDS? - Can a legally sustainable distinction be made between TDS and Advance Tax in the matter of credit to be given against the liability under the Scheme, 2016? As decided by HC 2022 (2) TMI 344 - BOMBAY HIGH COURT in the case at hand, it is not the case of respondent No.1 that the advance tax paid by the petitioner was not relatable to the income for the relevant assessment years, which petitioner disclosed. If the said payment is not apportionable towards any other liability, there is no justifiable reason to deprive the declarant from getting the credit for the same against the liability under the Scheme, 2016 Petition stands allowed - Respondent No.1 shall issue certificate in Form 4 as required by Rule 4(5) of Income Declaration Scheme Rules, 2016, upon the petitioner complying with all the requirements under the said Scheme, 2016. However, the petitioner shall be entitled to and given credit for the advance tax already paid by the petitioner and the respondent No.1 shall not refuse to issue Form No.4 on the said count. HELD THAT - Issue notice to the respondent as well as on the application seeking condonation of delay. Tag along with connected matter.

Summary

The Supreme Court of India issued an order to issue notice to the respondent and on the application seeking condonation of delay. The case was tagged along with SLP (C) No.17006/2019 and connected matters. No representation was made for the respondent.