Fresh Pet Pvt. Ltd. v. PCIT, [2024] 167 taxmann.com 223 / (2025) 475 ITR 269 (Delhi HC).

Direct Tax Vivad se Vishwas Act, 2020

S. 3: Dispute resolution-Fundamental aim to settle matters and issues that existed on the relevant date; not to create liability on issues on which parties were already ad idem-Failure to make requisite disclosures does not defeat reliefs granted in assessment-Designated authority may rectify apparent mistakes in Form 3-Beneficial statutes to be interpreted liberally. [S. 4, 5, Form No. 3; Art. 226]

The 2020 Act is intended to resolve disputes existing on the relevant date and cannot impose a liability greater than that forming the subject matter of contestation. Once a declaration under s. 3 is accepted and Form 3 issued under s. 5(1), the amount determined becomes conclusive for matters stated therein; however, the designated authority must not ignore reliefs already granted in the original assessment. Where Form 3 omitted acknowledgment of carry‑forward/set‑off of losses and unabsorbed depreciation (which the original assessment had allowed), the designated authority was obliged to rectify the apparent mistake because denying such relief would place the declarant in a worse position than under the assessment order. The High Court directed that Form 3 be issued afresh to reflect the reliefs recorded in the assessment order.

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