Facts of the Case
The petitioners, including Celerity Infrastructure
Pvt. Ltd. and various ATS group entities, filed declarations under the Direct
Tax Vivad se Vishwas Act, 2020 (DTVSV Act) through Forms 1 and 2 on 26th March
2021. However, while filing, they inadvertently declared amounts excluding the
interest component.
Subsequently, the Income Tax Department issued
Forms 3 on 22nd April 2021 but denied credit for taxes already deposited,
citing “mismatch” issues. In certain cases, no reasons were provided for denial
of such credit.
The petitioners filed representations seeking
rectification of Forms 3 and attempted to file Forms 4. However, the system
rejected the filings due to technical errors such as incorrect deposit dates.
Later, the authorities rejected the petitioners’ request on the ground that taxes were deposited under the wrong minor head (“200” instead of “400”).
Issues
Involved
- Whether credit of taxes paid can be denied under the DTVSV Act due
to technical errors such as incorrect minor head classification.
- Whether procedural or software limitations can override substantive
rights of taxpayers.
- Whether the Income Tax Department is obligated to rectify Forms 3 to reflect actual tax payments.
Petitioner’s
Arguments
- The petitioners contended that taxes had already been duly
deposited, and denial of credit was unjustified.
- The error in mentioning the minor head was inadvertent and purely
technical.
- The objective of the DTVSV Act is to resolve disputes and not to
deny legitimate claims on hyper-technical grounds.
- The system-generated errors should not prejudice the substantive rights of the taxpayers.
Respondent’s
Arguments
- The Revenue submitted that correction of challan codes was not
feasible at the Assessing Officer level due to software limitations.
- It was argued that unless the system permits such correction, granting relief would not be possible.
Court’s
Findings / Order
The Delhi High Court held:
- There was no dispute that the petitioners had actually deposited
the taxes.
- Denial of credit solely on the ground that payment was made under
an incorrect minor head is unfair, illegal, and contrary to the
objective of the DTVSV Act.
- Technical or software-related limitations cannot override legal
rights.
The Court emphasized that:
Technology is meant to facilitate legal rights, not
defeat them.
Accordingly, the Court directed:
- The respondents to correct the payment heads.
- Grant credit for taxes deposited.
- Issue revised Forms 3 within four weeks.
- Petitioners to file Forms 4 thereafter within two weeks.
Important
Clarification
The Court clarified that:
- Procedural or technical defects, including incorrect challan head
classification, cannot be used to deny substantive tax relief.
- Software constraints cannot be a valid ground to deny statutory
benefits.
- Authorities must adapt systems to ensure compliance with taxpayer rights.
Sections
Involved
- Direct Tax Vivad se Vishwas Act, 2020
- Forms 1, 2, 3, 4 & 5 under DTVSV Scheme
- Principles of Natural Justice
- Administrative Law – Doctrine against arbitrariness
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2022:DHC:2743-DB/MMH19072022CW85902022_175937.pdf
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