Facts of the
Case
- The petitioner, Transcend India Private Limited, filed a
writ petition seeking correction of a challan related to Assessment
Year 2003–04.
- The issue arose because the challan payment of ₹25 lakhs was
deposited under an incorrect PAN, leading to denial of credit.
- Consequently, the refund reflected in Form-3 under the Vivad Se
Vishwas Scheme was reduced.
- The petitioner sought:
- Correction of challan, and
- Issuance of revised Form-3 reflecting the correct refund amount.
- During proceedings, the Revenue acknowledged that the challan error had been corrected and credit could be granted.
Issues
Involved
- Whether the petitioner is entitled to credit of ₹25 lakhs
after correction of challan.
- Whether Form-3 under the Vivad Se Vishwas Act, 2020 can be
revised.
- Whether the petitioner is entitled to interest under Section 244A on the refund amount.
Petitioner’s
Arguments
- The petitioner contended that:
- The challan was validly paid but wrongly linked to an incorrect
PAN.
- Upon correction, full credit must be granted.
- The refund amount should be revised accordingly in Form-3.
- Alternatively, directions were sought for correction of Form-3 to reflect accurate refund entitlement.
Respondent’s
Arguments
- The Revenue submitted that:
- The challan error has now been rectified based on details provided
by the assessee.
- Credit of ₹25 lakhs can be granted.
- However, Form-3 and Form-5 under the Vivad Se Vishwas Scheme
are final and cannot be revised.
- Refund can be issued only upon directions of the Court.
- Interest under Section 244A is not payable, since delay was attributable to the assessee and the matter was settled under the scheme.
Court
Findings / Order
- The Court recorded that:
- The Revenue has accepted the petitioner’s claim regarding challan
correction.
- Refund of ₹25 lakhs is admissible.
- The writ petition was disposed of with the following directions:
- The
authorities shall proceed under the Vivad Se Vishwas Act from the current
stage.
- Necessary
correction of challan shall be carried out.
- Refund
of ₹25 lakhs shall be granted within 3 weeks.
- The Court also recorded the petitioner’s statement:
- No claim for interest under Section 244A will be made.
Important
Clarifications
- Form-3 under Vivad Se Vishwas Scheme is final and non-revisable.
- Refund can still be granted via Court direction despite
non-revision of forms.
- Interest under Section 244A may be denied where:
- Delay is attributable to the assessee, and
- Settlement occurs under the Vivad Se Vishwas Scheme.
- Waiver or denial of interest under Section 244A depends on fault attribution and scheme settlement context.
Link to download the order
- https://delhihighcourt.nic.in/app/showFileJudgment/RAS14122023CW125062021_182307.pdf
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