Dish TV India Limited Vs CIT (TDS) and 2 others (Allahabad High Court)
Allahabad High Court held that filing of Form 26B of the Income Tax Rules not required once refund is entitled vide Form 5 under Vivad Se Vishwas Act, 2020 [VSV Act, 2020]. Accordingly, petition allowed.
Facts- This writ petition has been filed by the petitioner seeking refund of Rs.2,19,42,954/- as amount of tax arrears refundable to the petitioner as per the order of full and final settlement of tax arrears in Form 5 dated 20.09.2022 issued u/s. 5(2) r.w.s 6 of the Vivad Se Vishwas Act, 2020 along with interest u/s. 244A of the Income Tax Act, 1961.
Notably, the assessment proceedings were concluded creating a total demand of Rs.40,56,14,101/- u/s. 201/201(1-A) of the Act, 1961. The demand was raised on the alleged short payment of TDS along with interest.
The demand was challenged by the petitioner before the first appellate authority, who by order dated 21.8.2013 allowed the appeal and remanded the matter back for fresh assessment. AO by the revised assessment order dated 18.11.2013 imposed total demand of Rs.2,25,48,341/-(tax demand of Rs.6,05,387/- and interest Rs.2.19 crore) for F.Y. 2008-09.
A demand notice dated 18.11.2013 u/s. 156 of the Act, 1961 withholding refund equivalent to demand of Rs.2,25,48,341/- was passed. ITAT dismissed the appeal filed by the petitioner.
