Delhi High Court - Orders
Prime Time India Private Limited ... vs Pr. Commissioner Of Income Tax-07 & Anr on 25 February, 2021
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Talwant Singh
$~23, 27, 29 and 30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2579/2021
PRIME TIME INDIA PRIVATE LIMITED (FORMERLY KNOWN
AS PRIME TIME INDIA LIMITED) .....Petitioner
Through: Mr. Ved Jain with Ms. Umang
Luthra, Advocates.
versus
PR. COMMISSIONER OF INCOME TAX-07 & ANR.
.....Respondents
Through: Mr. Ruchir Bhatia with Mr. Shlok
Chandra, Advocates.
W.P.(C) 2594/2021
KH STEEL CASTING PRIVATE LIMITED .....Petitioner
Through: Mr. Ved Jain with Ms. Umang
Luthra, Advocates.
versus
PR. COMMISSIONER OF INCOME TAX-04 .....Respondent
Through: Mr. Sunil Agarwal, Advocate.
W.P.(C) 2612/2021
SHRI SATGURU METALLOYS PVT. LTD. .....Petitioner
Through: Mr. Inder Paul Bansal with Mr. Vivek
Bansal, Advocate.
versus
PR. COMMISSIONER OF INCOME TAX-7 & ORS......Respondents
Through: Mr. Ruchir Bhatia with Mr. Shlok
Chandra, Advocates.
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:28.02.2021
23:40:54
W.P.(C) 2615/2021
PARVIR INFRASTRUCTURES PVT. LTD. .....Petitioner
Through: Mr. Ved Jain with Ms. Umang
Luthra, Advocates.
versus
PR. COMMISSIONER OF INCOME TAX-07 & ANR.
.....Respondents
Through: Mr. Sunil Agarwal, Advocate.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 25.02.2021 [Court hearing convened via video-conferencing on account of COVID-19] CM APPL. 7628/2021 in W.P.(C) 2579/2021 CM APPL. 7663/2021 in W.P.(C) 2594/2021 CM APPL.7736/2021 in W.P.(C) 2615/2021
1. Allowed, subject to just exceptions.
W.P.(C) 2579/2021 and CM APPL. 7627/2021 W.P.(C) 2594/2021 and CM APPL. 7662/2021 W.P.(C) 2612/2021 W.P.(C) 2615/2021 and CM APPL.7735/2021
2. Broadly, the issue, which arises for consideration, in the captioned matters, concerns as to whether or not the petitioners should be called upon to pay 125% of the disputed tax under the revised certificate, issued by the designated authority, under Form 3, in exercise of the powers under Section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020 [in short „the Act‟].
3. The petitioners contend that they were originally issued a certificate by the designated authority in Form 3 which called upon them to pay 100% of the disputed tax albeit on or before 31.03.2021.
Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:28.02.2021 23:40:544. The case set up by the petitioners before us is that the revised certificate has been issued by the designated authority based on a Circular i.e.. Circular No. 21/2020 [F. No. IT(A)/1/2020-TPL], dated 04.12.2020, issued by the Central Board of Direct Taxes (CBDT), Department of Revenue, Ministry of Finance, Government of India. 4.1 It is contended that this Circular bears a framework similar to Frequently Asked Questions [FAQs] and that the revised certificates have been issued in the context of Question No. 70 set forth in the said Circular. For the sake of convenience, Question No. 70 and the answer given against it are extracted hereafter:
"Q.No. 70 If the assessment order has been framed in the case of a taxpayer under section 143(3) I 144 of the Act based on the search executed in some other taxpayer's case, whether it is to be considered as a search case or non- search case under Vivad se Vishwas?
Answer: Such case is to be considered as a search case"
5. It is the case of the petitioners that the said question and the answer provided in response to it is beyond the provisions of the Act and the rules framed thereunder.
6. To our minds, the issue needs examination. Accordingly, issue notice in the captioned matters and the accompanying interlocutory applications.
7. Learned counsels for the Revenue, whose names are given hereinabove, accept service.
8. The counter-affidavit(s) will be filed within four weeks from today. Rejoinder(s) thereto, if any, will be filed before the next date of hearing.
Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:28.02.2021 23:40:549. Given the fact that the scheme under the Act, insofar as the petitioners are concerned, will expire on 31.03.2021, for the moment, the Revenue will accept the tax, as determined by the designated authority, as per the original certificate issued in Form 3.
10. In the event, the petitioners are not successful in persuading us to take a view in their favour in the instant matters, they will pay the tax, as per the revised certificate issued by the designated authority, along with suitable interest, if any, which this Court may impose, at the time of the disposal of the writ petition.
11. Learned counsels for the petitioners and the Revenue have, for the moment, accepted the pro tem measure put in place by the Court.
12. It is made clear that if the petitioners were to succeed in the matters, consequential relief will follow as per the provisions of the Act and the rules framed thereunder.
13. List the captioned matters on 04.05.2021.
RAJIV SHAKDHER, J TALWANT SINGH, J FEBRUARY 25, 2021 tr Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:28.02.2021 23:40:54