Facts of the Case
The Petitioners, including Celerity Infrastructure
Pvt. Ltd. and other group entities, filed declarations under the DTVSV Act
through Forms 1 and 2 on 26 March 2021. However, while declaring the tax paid
through challans, the Petitioners inadvertently excluded the interest
component.
Subsequently, the Respondent accepted Forms 1 and 2
but issued Forms 3 on 22 April 2021 without granting credit for taxes
deposited, citing “mismatch” issues. In certain cases, no reasons were provided
for denial of credit.
The Petitioners filed multiple representations
seeking rectification, but the same were rejected on the ground that the taxes
were deposited under the wrong minor head (“200” instead of “400”).
Further, when Petitioners attempted to file Form 4, the system generated errors, preventing completion of the process.
Issues
Involved
- Whether credit of taxes deposited can be denied under the DTVSV Act
due to incorrect minor head classification (200 instead of 400).
- Whether technical/system limitations can override substantive legal
rights of taxpayers.
- Whether the Respondent is obligated to rectify Form 3 to reflect correct tax credit.
Petitioner’s
Arguments
- The Petitioners had duly deposited the taxes, and denial of credit
was unjustified.
- The error in minor head classification was inadvertent and
procedural.
- The Respondent had already accepted Forms 1 and 2; therefore,
denial at a later stage was arbitrary.
- Technical glitches and software limitations cannot defeat statutory
rights under the DTVSV Act.
- Representations were wrongly rejected despite clear proof of tax payment.
Respondent’s
Arguments
- The credit could not be granted as the taxes were deposited under
the incorrect minor head (“200” instead of “400”).
- The system/software did not permit correction of challan codes at
the Assessing Officer level.
- Relief may not be feasible if the system does not allow such correction.
Court’s
Findings / Judgment
The Delhi High Court held:
- There was no dispute that taxes were actually deposited by
the Petitioners.
- Denial of credit on the basis of incorrect minor head is a hyper-technical
ground.
- Such rejection is unfair, illegal, and contrary to the objective
of the DTVSV Act.
The Court emphasized that:
Technology is meant to facilitate compliance and
cannot be used to defeat legal rights.
The Court further held that software limitations cannot override statutory entitlements of taxpayers.
Court Order
/ Directions
- The Respondents were directed to:
- Correct the challan/payment heads
- Grant credit of taxes deposited
- Issue revised Forms 3 within four weeks
- Petitioners were permitted to file Forms 4 within two weeks
thereafter
The writ petitions were disposed of accordingly.
Important
Clarification by Court
- Procedural or technical errors (such as wrong minor head) cannot
invalidate genuine tax payments.
- Government systems/software must adapt to legal requirements, not
vice versa.
- The objective of beneficial legislation like DTVSV Act must not be
defeated by rigid technicalities.
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2022:DHC:2743-DB/MMH19072022CW85902022_175937.pdf
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