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2023 (12) TMI 986 - DELHI HIGH COURTAdjustment of refund against challan filled under VsV Scheme - calculation of interest u/s 244A - credit of the said challan was not given in Form 3 & Form 5 under VsV as the challan was not visible on the PAN of assessee due to the fact that assessee deposited the challan on incorrect PAN - As argued interest u/s 244A will not be allowed to assessee on the amount of the refund as the delay in issue of refund is attributable to assessee and also the matters is settled under VsV 2020 - HELD THAT:- Revenue are agreeable to refund the money after giving credit qua the same in the challan which concededly requires correction. The amount to be credited and thereafter remitted to the petitioner/assessee would be Rs. 25 lakhs, even according to the respondents/revenue. However, the respondents/revenue have indicated that interest under Section 244A of the Income Tax Act, 1961 [in short, ‘the Act’] would not be paid to the petitioner/assessee. Assessee, says that insofar as the proceedings under Direct Tax Vivad Se Vishwas Act, 2020 [in short, ‘2020 Act’] are concerned, they are positioned at the stage of acceptance of Form-3. Also albeit on instructions also states that the petitioner/assessee will be agreeable to correction of the challan and receipt of Rs. 25 lakhs, sans the interest. Therefore, the writ petition is disposed of with a direction that the concerned authority will progress the matter under the 2020 Act, as per law, from the stage at which it is presently positioned. n so far as correction of the challan is concerned, steps in that behalf will be taken by the respondents/revenue and consequential refund of Rs. 25 lakhs would be made. This exercise will be completed within three (3) weeks of the receipt of a copy of the order passed today.
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