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2023 (9) TMI 1320 - DELHI HIGH COURTChallenge to Form 3 issued under the Direct Tax Vivad Se Vishwas Act, 2020 - petitioner says, that the impugned forms i.e., Form 3 in the above-captioned matters bear the same date, i.e., 15.04.2021 - revenue, says that the stand taken by the respondent/revenue is that the said forms issued to the petitioner would have to be reworked, to align them with the assertions made in the counter-affidavit - HELD THAT:- As per following assertions made in the counter-affidavit filed “To the extent of not granting set-off of Brought Forward Unabsorbed Business Losses and Brought Forward unabsorbed Depreciation of prior AYs computed on net income basis against the income of impugned AYs assessable on net income basis, the error committed by the Respondent is accepted and corresponding tax calculations will be modified. However, the remaining assertions of Petitioner are denied as factually incorrect and contrary to the express provisions of DTVSV Act and DTVSV Rules”. Liberty is however, given to the respondents/revenue to rework the calculations on the basis of stand taken in the counter-affidavit and thereafter, issue fresh forms, as deemed fit. After fresh forms are issued, if still aggrieved, the petitioner will have liberty to assail the same in accordance with the law. Writ petitions and pending applications are disposed of in the aforesaid terms. We may also note that during the pendency of writ petitions, we had issued an interim direction requiring the petitioner to deposit a cumulative amount of Rs. 7,33,15,591/- with the designated authority.
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