9911796707
TMI Blog2024 (2) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... W.P. No. 10741 of 2022 For the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the order of respondent in C.No.IDS/ AALFR1836J/ 2019-20/ Dated : 25.04.2019 and quash the order passed under Section 183 of the Finance Act, 2016 relating to Assessment Year 2017-18 and consequently direct the respondent to give credit to the prepaid taxes remitted by the petitioner by issuing Form-4 under the IDS Scheme 2016, and pass appropriate orders in accordance with law. For the issuance of a writ of Mandamus directing the respondent to consider the rectification petition dated 09.03.2022 filed by the petitioner under Section 154 of the Income Tax Act, 1961 in its proper perspective and pass appropriate order in accorda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 1,24,78,951/- ( 2,51,40,871 - 90,61,920/-) before the stipulated date indicated in the table supra, the declaration of the assessee is deemed never to have been made and accordingly, all the provisions of the Income Tax Act, including penalties and prosecution, shall apply. 6. As per 197(b) of Finance Act, 2016, where any declaration has been made under Section 183 but no tax, surcharge and penalty referred to in Section 184 and 186 has been paid within the time specified under Section 187, the undisclosed income shall be chargeable to tax under the Income-tax Act. In the previous year, in which such declaration is made i.e. the undisclosed income has to be chargeable to tax in the previous year relevant to the Assessment Year 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Wrongly quantified as *1,43,60,579 7. The petitioner had earlier paid a sum of Rs. 1,25,00,000/- during Assessment Year 2012-2013 on various dates as detailed below:- Table -3 S.No. Nature of Payment Date of Payment BSR Code Challan No. Amount in (Rs.) 1 Advance Tax for A.Y.2012-13 31.03.2012 6360218 80407 15,00,000 2 Self-Assessment Tax for A.Y.2012-13 05.09.2013 6360218 80471 1,00,00,000 3 Self-Assessment Tax for A.Y.2012-13 21.10.2013 6360218 80028 10,00,000 Total 1,25,00,000 8. The above amount was paid apparently without filing a Return of Income under Section 139 of the Income Tax Act, 1961. The petitioner further TDS Certificate for a sum of Rs,17,791/- for the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould submit that Chapter IX of the Finance Act, 2016 containing the Income Declaration Scheme, 2016 (IDS, 2016) is a complete code in itself and all provisions of the Income Tax Act, 1961 are not applicable to the IDS, 2016. Only such powers vested by the IDS, 2016 can be exercised by the respondent in respect of issues under the IDS, 2016 and just because a power is vested in an authority under the Income Tax Act, 1961 it does not mean that the same power is available to the authority when it discharges its functions under the IDS, 2016. 13. The learned Standing Counsel would submit that as per Section 195 of the Finance Act, 2016 containing the Income Declaration Scheme, 2016 (IDS, 2016) only provisions of Chapter XV of the Income Tax Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s paid by the petitioner towards Advance Tax during the Assessment Year 2012-13 and towards Self Assessment Tax as detailed in Table-3 can be adjusted towards against the tax liability of the petitioner under Income Declaration Scheme, 2016. The respondent has rejected the request and adjusted only TDS amount of Rs. 16,791/-. 17. I have considered the arguments advanced by the learned Senior Counsel for the petitioner and the learned Senior Standing Counsel for the respondent. Income Declaration Scheme, 2016, is a beneficial piece of legislation intended to encourage defaulters to settle their income tax dispute by paying the tax due together with surcharge and penalty. Benefit of Income Declaration Scheme, 2016, is applicable to the follo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Finance Act, 2016. Section 193 of the Finance Act, 2016 containing the Income Declaration Scheme, 2016 reads as under:- Section 193. Notwithstanding anything contained in this Scheme, where a declaration has been made by misrepresentation or suppression of facts, such declaration shall be void and shall be deemed never to have been made under this Scheme. 21. If the amount paid by the petitioner during the assessment year 2012-2013 towards "Advance Tax" and "Self Assessment Tax" after due date for filing of the Return under Section 139 of Income Tax Act, 1961 was Rs. 1.25,00,00,000/-, it remains to be unexplained as to how the tax liability of the petitioner for the said Assessment Year was reduced to Rs. 94,15,230/- by the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
