Vidhi Garments Pvt. Ltd. v. CBDT (2023)451 ITR 84/ 332 CTR 310/ 224 DTR 473 (Delhi)(HC)

Direct Tax Vivad Se Vishwas Act, 2020 .

S. 4: Declaration – Delay in payment of tax Time limit for deposit of tax — Substantial amount was deposited – Failure of the Chartered Accountant to information from the portal -Directed the Revenue to accept the balance deposit of tax with interest [ S. 119(2)(b), Art , 226 ]

The assessee was aware of the intimation given by the designated committee in form 3, requiring it to deposit the balance amount of tax before March 31, 2021, only on March 11, 2022. The order was passed on August 25, 2022, and communicated to the assessee only on November 22, 2022 through e-mail sent by the Central Board of Direct Taxes. The mistake, if any, was made by the chartered accountant who was not vigilant in accessing the information which was available on the assessee’s portal albeit through his login ID and password. If the Central Board of Direct Taxes had immediately responded to the assessee’s application dated March 25, 2022 for an extension of time, the intervening delay from March 2022 to date would not have occurred. The overall conduct of the assessee showed that it had made substantial compliance, inasmuch as a major portion of the tax was deposited even before the declarations were filed in forms 1 and 2 and there was no good reason why the balance amount would not have been paid by it. The Central Board of Direct Taxes was to accept the balance amount payable by the assessee with interest at the rate of 9 per cent. on the amount shown in form 3 which commencing from April 1, 2021 till the date of deposit if deposited within the time frame given.

.( AY.2006-07)