Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2021 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (3) TMI 1269 - DELHI HIGH COURTSearch case in terms of VsVs Act - petitioner challenging the subsequent Form-3 issued by the respondent/revenue after a full and final settlement of disputed taxes in Form-5 - petitioner is aggrieved by the fact that after a certificate in Form (5) was issued by the designated authority on 28.12.2020 indicating therein that there has been a full and final settlement qua disputed tax, the designated authority has gone on to issue, once again, Form (3) which is dated 21.01.2021 thereby seeking to treat its case as a search case - HELD THAT:- It is not in dispute that the deadline prescribed stands extended till 30.04.2021. We may also indicate that in the impugned form, i.e., Form (3), referred to hereinabove, the following remark is incorporated: “This case is treated as a Search case in terms of VsVs Act/Rules 2020 and the CBDT circular No.21/2020 and the amount payable has been re-calculated accordingly. As such this is the revised Form 3 has been issued. The original Form 3 issued on 23.12.2020 and the Form 5 issued on 28.12.2020 may be treated as cancelled/withdrawn. Petitioner, says that the designated authority was rendered functus officio after Form (5) was issued on 28.12.2020 and therefore, the impugned communication is not sustainable in law. Prima facie, to our minds, the submission made by Mr. Jain appears to be correct. Accordingly, issue notice to the respondents. Mr. Puneet Rai, who appears on advance notice, accepts service on behalf of the respondents.Mr. Rai seeks and is granted two weeks to file a counter-affidavit. Rejoinder thereto, if any, will be filed before the next date of hearing.There shall be a stay on the operation of the impugned Form 3 dated 21.01.2021.
|