Case Law Details
Yogesh Roshanlal Gupta Vs Central Board of Direct Taxes (Supreme Court)
The Supreme Court while reversing the High Court’s Order has ruled that the assessee can adjust Income Tax paid under Income Declaration Scheme, 2016 with tax payable if his application was rejected.
The assessee made a declaration of an undisclosed income of a certain amount divided into three years 2011, 2015 and 2016 under the Income Declaration Scheme, 2016. The Principal Commissioner thereupon asked the assessee to make payment of a sum of a certain amount by way of tax, surcharge and penalty under three instalments. The assessee deposited the amount towards the first and second instalments before the due dates. However, the assessee failed to pay the last instalment as he came to be arrested in a criminal case for the offences punishable under sections 465, 468, 471, 120 read with section 34 of IPC.
Mr Hardik Vora, counsel for the petitioner, Yogesh Roshan Lal Gupta submitted that in pursuance of “Income Declaration Scheme, 2016”, the petitioner had declared undisclosed income and had shown willingness to pay tax in terms of the Scheme; the amount of tax could be deposited in three instalments as per the Scheme; and, out of said three instalments, two instalments were paid by the appellant but there was the default in respect of the third instalment.
The request of the petitioner seeking extension of time to pay the third instalment and continue to avail the benefit under said Scheme was rejected by the High Court.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
