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2021 (10) TMI 974 - HC - Income Tax


Issues:
1. Challenge to subsequent Form-3 issued by revenue after full and final settlement.
2. Petitioner's case treated as search case leading to multiple Form-3 issuances.
3. Dispute over restoration of original Form-5 without filing unnecessary Form-4.
4. System functionality issue hindering access to TDS and prepaid taxes data.
5. Refund set off against wrong tax payee due to technical flaw in ITBA portal.
6. Delay in refund payment for over 10 years.
7. Implementation of digitization in Direct Taxes and reduction of human interface.
8. Flexibility and testing of new software before public use.
9. Feedback mechanism for resolving issues in computer programs.
10. Assurance of improvements in coordination and resolution of system glitches.

Analysis:

1. Challenge to subsequent Form-3:
The petitioner challenged subsequent Form-3 issued by the revenue after a full and final settlement in a previous Form-5. The court noted the repeated issuances of Form-3 treating the case as a search case, leading to confusion. The petitioner sought restoration of the original Form-5 without filing an unnecessary Form-4, which the court agreed with, criticizing the system's requirement for redundant filings.

2. System functionality issue:
In another case, the court addressed a system functionality issue hindering access to TDS and prepaid taxes data for a specific assessment year. The court directed the DGIT (Systems) to resolve the issue and granted more time for compliance, emphasizing the importance of system efficiency in tax assessments.

3. Refund set off and delay:
A separate issue involved a refund set off against the wrong tax payee due to a technical flaw in the ITBA portal. The court acknowledged the delay in refund payment for over 10 years and directed the respondents to address the issue promptly, highlighting the importance of accurate processing and timely refunds.

4. Digitization and reduction of human interface:
The court emphasized the ongoing digitization in Direct Taxes and the policy decision to reduce human interface. It stressed the need for thorough testing of new software before public use to ensure flexibility and compliance with court orders, urging the DGIT (Systems) to coordinate with CBDT for necessary policy initiatives.

5. Feedback mechanism and improvements:
To address glitches in computer programs, the court proposed a feedback mechanism for resolving issues efficiently. The DGIT (Systems) assured the court of improvements in coordination, feedback, and system processes, committing to resolving system glitches and providing solutions within a specified timeframe.

This detailed analysis covers the various issues addressed in the judgment, highlighting the court's concerns regarding system functionality, refund processing, digitization, and the need for improvements in coordination and software testing.

 

 

 

 

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