Re: Excess payment made as compared to Form 3
The Assessee had received Original Form 3 in Dec 2020. Before making the payment, Assessee received another Form 3 in March 2021 enhancing the Demand to 125% based on FAQ no. 70 of CBDT Circular. Assessee filed a Rectification application with DA stating that they are not covered, based on the modified Circular. Assessee saw another Form 3 posted online on 30th August 2021, restoring the original amount, however Assessee was not aware about this, at the time of making payment and made payments at 125%. Can Assessee claim Refund of this excess payment made? If Yes, should it before Filing Form 4? Also, who is the concerned Authority to apply for Relief?
It is advisable to make the claim before filing Form No 4 . Make an application before the Designated Authority to refund the excess payment made by the assessee. In case the amount is not refunded , the assessee may have to file writ before the High Court . Refer Circular No 4 of 2021 , dated 23 rd March , 2021 – Clarifications on provision of the Direct Tax Vivad Se Vishwas Act , 2020 -Reg ( Modification FAQ 70 of Circular 21 of 2020 , Search and Seizure ) ( 2021 ) 432 ITR 50 ( St)
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