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2025 (1) TMI 1189 - HC - Income TaxDetermination of disputed tax under the Direct Tax Vivad Se Vishwas Act 2020 (DTVSV Act) - HELD THAT - Certificates and orders passed by the respondents demanding much higher sums from the petitioner are clearly illegal arbitrary and contrary to the material on record and law as well as the provisions of the DTVSV Act and the same deserve to be quashed and necessary directions are to be issued to the respondents in this regard. This appeal being devoid of merits is liable to be and accordingly dismissed.
ISSUES PRESENTED and CONSIDERED
The primary issue considered in this judgment is the interpretation of the term "disputed tax" under the Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV Act), specifically in the context of determining the amount payable by the appellant (the Assessee) if the appeal were decided against them. The Court also examined whether the impugned orders and certificates issued by the Revenue demanding higher sums were justified under the provisions of the DTVSV Act. ISSUE-WISE DETAILED ANALYSIS Relevant Legal Framework and Precedents The case revolves around the interpretation of Section 2(j) of the DTVSV Act, which defines "disputed tax" as the income-tax, including surcharge and cess, payable by the appellant if the appeal or writ petition is decided against them. The Court considered the definition to determine the correct amount of disputed tax in the context of the Assessee's case. Court's Interpretation and Reasoning The Court agreed with the findings of the learned Single Judge, who had determined that the disputed tax should be calculated based on the income tax payable if the Revenue's appeal were successful. The Court noted that the Revenue's appeal to the Bombay High Court involved a disputed income of Rs. 42,92,10,516 for the Assessment Year 2009-10, with a corresponding disputed tax of Rs. 14,58,88,654. Key Evidence and Findings The Court highlighted that the orders passed by the Assessing Officer, giving effect to the ITAT's decision, confirmed the disputed income and tax figures. The Court found that the Revenue's demand for a higher amount from the Assessee was not supported by the material on record and was contrary to the provisions of the DTVSV Act. Application of Law to Facts The Court applied the legal definition of "disputed tax" to the facts of the case, determining that the Assessee was liable to pay 50% of the disputed tax amounting to Rs. 7,29,44,327, as per the provisions of the DTVSV Act. The Court found that the Revenue's demand for a higher sum was illegal and arbitrary. Treatment of Competing Arguments The Revenue contended that the entire disallowance of Rs. 80,19,59,658 should be treated as disputed tax. However, the Court dismissed this argument, noting that the Revenue had not appealed the First Appellate Authority's favorable finding for the Assessee regarding the non-taxability of freight charges under India's Double Taxation Avoidance Agreements. The Court reiterated that the disputed tax should be calculated based on the income tax payable if the Revenue's appeal were successful. Conclusions The Court concluded that the impugned orders and certificates issued by the Revenue demanding higher sums from the Assessee were illegal and contrary to the DTVSV Act. The Court upheld the learned Single Judge's decision, directing the Revenue to issue a fresh Form-3 certificate reflecting the correct disputed tax amount. SIGNIFICANT HOLDINGS The Court preserved the learned Single Judge's crucial legal reasoning, emphasizing that the orders demanding higher sums were "clearly illegal, arbitrary and contrary to the material on record and law as well as the provisions of the DTVSV Act." The Court established the core principle that the calculation of disputed tax must strictly adhere to the statutory definition under the DTVSV Act. The final determination on the issue was that the Revenue's appeal was devoid of merit and was dismissed. The Court directed the Revenue to comply with the learned Single Judge's mandate and issue a corrected Form-3 certificate to the Assessee, reflecting the correct disputed tax amount.
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