Rajpal Lakhmichand Arya v. PCIT [2023] 150 taxmann.com 184//333 CTR 324/ ( 2024) 461 ITR 79 (Bom)(HC)

Direct Tax Vivad Se Vishwas Act, 2020, (2020) 422 ITR 121(St)

S. 3: Amount payable by declarant – Disputed tax – Rectification order – Reduction or increase in income and tax liability – Disputed tax would be calculated after giving effect to said rectification order passed- The respondents are directed to act in furtherance of the petitioner’s declaration by way of Form-3, dated 18th January 2021 in accordance with the clarification of the Act of 2020. [ S.2(1)(J), 154, Art, 226 ]

Assessee’s case was selected for scrutiny and assessment order was passed making an addition in income of assessee which was taxed at 30 per cent. The Assessee filed rectification application seeking rectification of computation of tax payable. Assessing Officer allowed said application on ground that there was an error in treating income as taxable business income instead of taxable long-term capital gains. Accordingly, tax and interest demand earlier raised was reduced. The assessee filed declaration under Direct Tax Vivad se Vishwas Act. Principal Commissioner issued revised Form 3 ignoring rectification order and treated income liable to be taxed at 30 per cent instead of 20 per cent. On writ allowing the petition the Court held that as per clarification issued by CBDT if there was a reduction or increase in income and tax liability of assessee as a result of rectification, disputed tax would be calculated after giving effect to rectification order passed. The respondents are directed to act in furtherance of the petitioner’s declaration by way of Form-3, dated 18th January 2021 in accordance with the clarification of the Act of 2020. (AY. 2014-15)