Yogesh Roshanlal Gupta v. CBDT (2022) 442 ITR 31 / 212 DTR 313 / 326 CTR 34 / 286 Taxman 95 (SC) Editorial : Order of Gujarat High Court is modified, Yogesh Roshanlal Gupta v. CBDT (2021) 432 ITR 91 /199 DTR 81/ 319 CTR 389 / 280 Taxman 278 (Guj.)(HC)

S. 191 : Tax paid under the Scheme shall not be refunded-Paid two instalments- Default in paying final instalment- Seeking extension of time to pay third instalment-Request rejected by High Court-Direction that assessee be given benefit of amounts deposited towards first two instalments while reckoning tax liability of assessee after revised assessment. [S. 183, 185, Art. 226]

In pursuance of the Income Declaration Scheme, 2016 the assessee declared undisclosed income and out of the three instalments in which the amount could be paid under the Scheme, the assessee paid two instalments. The request of the assessee seeking extension of time to pay the third instalment to continue to avail of the benefit under the Scheme was rejected by the High Court. On appeal seeking adjustment of the amounts deposited towards the first two instalments so that in the tax liability computed by the Department after revised assessment, appropriate relief could be granted. The court on the facts directed that the assessee be given benefit of the amounts deposited towards first two instalments while reckoning the tax liability of the assessee after revised assessment.