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2023 (12) TMI 986

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..... agreeable to refund the money after giving credit qua the same in the challan which concededly requires correction. The amount to be credited and thereafter remitted to the petitioner/assessee would be Rs. 25 lakhs, even according to the respondents/revenue. However, the respondents/revenue have indicated that interest under Section 244A of the Income Tax Act, 1961 [in short, the Act ] would not be paid to the petitioner/assessee. Assessee, says that insofar as the proceedings under Direct Tax Vivad Se Vishwas Act, 2020 [in short, 2020 Act ] are concerned, they are positioned at the stage of acceptance of Form-3. Also albeit on instructions also states that the petitioner/assessee will be agreeable to correction of the challan and r .....

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..... native, Mr Kalra says that the respondent no. 1 could be directed to correct Form-3 dated 21.08.2021 issued under Direct Tax Vivad Se Vishwas Act, 2020 for the aforementioned AY i.e. AY 2003-04. 2.1 In other words, if the correction made by the respondents/revenue is to be given effect to, the said form would reflect the refund amount as Rs. 62,54,425/- instead of Rs. 37,54,425/-. 3. Mr Sunil Agarwal, learned senior standing counsel, who appears on behalf of the respondents/revenue, says that he will return with instructions as to which is the more viable option available to the respondents/revenue. 2. Today, Mr Sunil Agarwal, learned senior standing counsel, who appears on behalf of the respondents/revenue, has returned wi .....

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..... /revenue have indicated that interest under Section 244A of the Income Tax Act, 1961 [in short, the Act ] would not be paid to the petitioner/assessee. 4. Mr S.S. Tomar, learned counsel who appears on behalf of the petitioner/assessee, says that insofar as the proceedings under Direct Tax Vivad Se Vishwas Act, 2020 [in short, 2020 Act ] are concerned, they are positioned at the stage of acceptance of Form-3. 4.1 Mr Tomar, albeit on instructions also states that the petitioner/assessee will be agreeable to correction of the challan and receipt of Rs. 25 lakhs, sans the interest. 5. Therefore, the writ petition is disposed of with a direction that the concerned authority will progress the matter under the 2020 Act, as per law, from .....

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