Pursuant to an order passed under S. 144 and 271(1)(c), Assessee’s tax liability was determined and penalty was also imposed. Assessee filed revision petitions against said orders. During pendency of said revision petitions, Assessee submitted declaration under DTVSV Act, 2020 and sought withdrawal of revision petitions. However, assessee failed to deposit the amount as per Form 3 and thus, Form 4 was not submitted. Consequently, declaration filed by him became void and was deemed to have never been made. Thereafter, under Scheme of 2024, Assessee once again submitted Form 1. However, the AO rejected this on the ground that no revision petition was pending on cut-off date.

In a writ to the J&K HC, it was held that by virtue of S. 4(6) of DTVSV Act, 2020, once assessee failed to comply with the statutory mandate within stipulated time, revision petitions stood automatically revived by operation of law and the parties were, therefore, restored to the same legal position they occupied prior to filing of the declaration. As such, the HC held that the Assessee had rightly applied under DTVSV 2024. It also directed the Assessee to approach the AO within 30 days for completion of the requisite formalities for availing the benefit of the DTVSV Scheme, 2024 on both the tax arrears and the penalty imposed. Upon such approach, the AO shall permit the petitioner to do the needful within the aforesaid period.