Facts of the Case
- Petitioners filed declarations under Forms 1 and 2 on 26
March 2021.
- While filing, they inadvertently excluded the interest component
from the declared amount.
- The department issued Form-3 on 22 April 2021, but denied
credit of taxes already paid, citing mismatch issues.
- Petitioners submitted representations requesting rectification and
credit adjustment.
- Their request was rejected on the ground that tax was deposited
under minor head “200” instead of “400.”
- Due to this mismatch, the system did not allow filing of Form-4,
blocking completion of the scheme.
Issues
Involved
- Whether credit of taxes paid can be denied due to a
technical error in challan head classification?
- Whether procedural/technical defects override substantive rights
under the DTVSV Scheme?
- Whether software limitations can be a valid ground to deny
statutory benefits?
Petitioner’s
Arguments
- Taxes had already been deposited, and denial of credit was
unjustified.
- Error in challan head was inadvertent and purely technical.
- Authorities failed to rectify Form-3 despite representations.
- The system error prevented filing of Form-4, thereby defeating
the objective of the DTVSV Scheme.
Respondent’s
Arguments
- The Assessing Officer faced technical limitations in correcting
challan codes through the system.
- If software did not permit correction, relief may not be
feasible.
Court’s Findings / Observations
- There was no dispute that taxes were actually paid by the
petitioners.
- Denial of credit due to wrong minor head was hyper-technical,
unfair, and contrary to the intent of the DTVSV Act.
- The Court emphasized that:
Technology is meant to facilitate
transactions, not defeat legal rights.
- Software constraints cannot override statutory rights of
taxpayers.
Court Order
/ Final Decision
- Respondents were directed to:
- Correct challan/payment head entries
- Grant credit of taxes already deposited
- Issue revised Form-3 within four weeks
- Petitioners were allowed to:
- File Form-4 within two weeks thereafter
- All writ petitions were disposed of with directions.
Important
Clarification
- Substantive compliance prevails over procedural/technical defects.
- Taxpayer rights cannot be curtailed due to software limitations.
- The judgment reinforces the principle that beneficial
legislation like DTVSV must be interpreted liberally.
Sections
Involved
- Direct Tax Vivad se Vishwas Act, 2020
- Relevant provisions relating to:
- Filing of Forms 1, 2, 3, 4 & 5 under DTVSV Scheme
- Income Tax Act, 1961 (procedural compliance relating to tax payments & challans)
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2022:DHC:2743-DB/MMH19072022CW85902022_175937.pdf
Disclaimer
This content is shared strictly for general information and
knowledge purposes only. Readers should independently verify the information
from reliable sources. It is not intended to provide legal, professional, or
advisory guidance. The author and the organisation disclaim all liability
arising from the use of this content. The material has been prepared with the
assistance of AI tools.
0 Comments
Leave a Comment