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2021 (6) TMI 1168 - HC - Income TaxBenefit of Vivad se Vishwas Scheme denied - Forms 1 and 2 rejected as petitioner’s revision application filed u/s 264 was not pending as on the specified date, i.e., 31.01.2020 - as contended by the petitioner, that the limitation for filing a revision application stood extended by the Central Board of Direct Taxes (‘CBDT’) Circular till 31.03.2021 - whether period spanning between 15.03.2020 and 14.03.2021 stood excluded for the purposes of limitation? HELD THAT:- To our minds, the matter requires examination. Accordingly, issue notice. Counter-affidavit will be filed within the next four weeks. Rejoinder thereto, if any, will be filed before the next date of hearing. Revenue will accept Forms 1 & 2 filed by the petitioner, on 23.03.2021, along with 100% of the disputed tax. Mr. Aggarwal says that, according to the petitioner, ₹ 16,81,546/- is payable towards “100% of the disputed tax”. The respondent, therefore, pending the adjudication of the petition, without prejudice to its rights and contentions, will accept Forms 1 & 2 with 100% of the disputed tax. In case, according to the respondent/revenue, 100% of the disputed tax figure, is at variance with the aforementioned amount, the same will be indicated to the petitioner and necessary corrective action will be taken by the petitioner. Revenue will also take next steps in the matter which will be, as indicated above, subject to the final outcome of the writ petition and will bear in mind, while taking next steps in the matter, the deadline, which presently, we are told, expires on 30.06.2021. Given the aforesaid directions that have been issued in the matter, Mr. Aggarwal says, he does not wish to press the interim application any further. CM is, thus, closed. List this matter on 22.09.2021.
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