TMI Blog2024 (1) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... on in favour of the petitioner held as this Court deems it fit that in the given facts and circumstances that the petitioner is a of the High Court of Rajasthan bona fide businessman and is prepared to pay the amount in question in accordance with the scheme along with interest for the period which he has defaulted in scheme and looking into the extreme pandemic conditions of COVID and the death of petitioner's father, this is a fit case for invocation of the powers under Article 226 of the Constitution of India. If we look into the facts of the present case, where there appears to be certain payment of tax which was due on the part of the petitioner herein petitioner had paid about 75% of the amount payable by him. We cannot brus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... N BLE SRI JUSTICE P. SAM KOSHY AND HON BLE SRI JUSTICE N. TUKARAMJI For the Petitioner : Mr. P. Soma Shekar Reddy For the Respondent : Ms. Sundari R Pisupati ORDER (PER HON BLE SRI JUSTICE P.SAM KOSHY) The instant writ petition has been filed seeking for a direction to the respondent to issue Form 5 under the Direct Tax Vivad Se Vishwas Act, 2020. 2. Heard Mr. P. Soma Shekar Reddy, learned counsel for the petitioner and Ms. Sundari R Pisupati, learned Senior Standing Counsel for Income Tax Department appearing for the respondent. 3. From the pleadings it appears that the petitioner in order to avail the benefit of the scheme under Direct Tax Vivad Se Vishwas Act, 2020, was required to make a payment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... D period had while allowing the writ petition in favour of the petitioner held as under: After hearing learned counsel for the parties and perusing the material available on record, this Court deems it fit that in the given facts and circumstances that the petitioner is a of the High Court of Rajasthan bona fide businessman and is prepared to pay the amount in question in accordance with the scheme along with interest for the period which he has defaulted in scheme and looking into the extreme pandemic conditions of COVID and the death of petitioner's father, this is a fit case for invocation of the powers under Article 226 of the Constitution of India. 6. A similar issue came up before the High Court of Delhi in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est at the rate of 12% per annum. It is pertinent to mention that there was no provision for late deposit of tax in the Income Declaration Scheme, 2016. Yet the Supreme Court taking note of the genuine hardship faced by the assessee and short delay in payment, ruled in favour of the taxpayer. NO PREJUDICE CAUSED TO THE RESPONDENTS BY ACCEPTING THE PRAYER OF THE PETITIONERS. RATHER, SUCH ACTION SHALL HELP ACHIEVE THE OBJECTIVES OF THE VSV ACT. 22. This is also a fit case where no prejudice will be caused to the Respondents by accepting the prayer of the Petitioners. Rather, the Respondents benefit and achieve the purpose of the Scheme, namely, to reduce pendency of cases, generate timely revenue for the government and provide certainty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said date, the petitioner would be required to make a payment of Rs. 1,21,38,874/- by 31.10.2021. Of this amount, the petitioner admittedly paid Rs. 90,00,000/- on 31.10.2021 i.e. the petitioner had paid about 75% of the amount payable by him. 8. We cannot brush aside the fact that it was admittedly COVID pandemic period and there were compelling circumstances faced by every person including the business entities. Nonetheless, the petitioner herein had cleared the balance of 25% as well within a further period of sixty (60) days i.e. 31.12.2021 clearing the entire amount payable by him i.e. balance amount of Rs. 31,38,874/- which was the total amount payable by him by 31.10.2021. 9. Thus, prima facie, we are of the considered opinio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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