9911796707
TMI Blog2024 (12) TMI 253X X X X Extracts X X X X X X X X Extracts X X X X ..... terest amount as determined in the Assessment orders and consequently, the applications in Forms - 1 and 2 submitted by the petitioner undertaking to make payment of the disputed taxes in the manner laid down under Section 3 of the DTVSV Act by granting waiver of interest deserve to be allowed. It is therefore clear that the respondents have failed to consider and appreciate this aspect of the matter while issuing Form - 3 and have erroneously called upon the petitioner to pay the interest by issuing the impugned Forms at Annexures - E1 to E4, which are not only without jurisdiction or authority of law but also illegal, arbitrary and contrary to facts and the provisions of the DTVSV Act warranting interference by this Court in the present petition. Petitioner submits at this stage that in view of the present petition being allowed, petitioner would withdraw the pending appeals / rectification applications as expeditiously as possible. The said submission is placed on record. Insofar as the CBDT standing order directing the process under the DTVSV Act to be completed by 30.09.2024 is concerned, having regard to the present petition being filed on 12.07.2024 and being allowed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f mandamus or writ of direction or any other suitable writ declaring that the levy of interest in the manner made in 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 issued by the Respondent No.1 in Annexures E1, E2, E3 and E4 is not in accordance with the provisions of the Direct Tax Vivad Se Vishwas Act, 2020 and Direct Tax Vivad Se Vishwas Rules, 2020; f. Issue a writ of mandamus or writ of direction or any other suitable writ directing the Respondent 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 mate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as under: "Section 3 :- Amount payable by declarant - Subject to the provisions of this Act, where a declarant files under the provisions of this Act on or before such date as may be notified, a declaration to the designated authority in accordance with the provisions of section 4 in respect of tax arrear, then, notwithstanding anything contained in the Income-tax Act or any other law for the time being in force, the amount payable by the declarant under this Act shall be as under, namely : - Sl No Nature of tax arrear Amount payable under this Act on or before the 31st day of December, 2020 or such later date as may be noticed. Amount payable under this Act on or after the 1st day of January, 2021 or such later date as may be notified but on or before the last date. (a) where the tax arrear is the aggregate amount of disputed tax, interest chargeable or charged on such disputed tax and penalty leviable or levied on such disputed tax. Amount of the disputed tax. the aggregate of the amount of disputed tax and ten per cent of disputed tax: provided that where the ten per cent of disputed tax exceeds the aggregate amount of interest chargeable or charged on such dispu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n which he has already got a decision in his favour from the High Court (where the decision on such issue is not reversed by the 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 light of the undisputed fact that the Assessment orders were passed pursuant to search proceedings and the provisions contained in Section 3 of the DTVSV Act supra, the petitioner would be entitled to waiver of the entire interest amount as determined in the Assessment orders and consequently, the applications in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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