Income Tax Dept Mandated to Issue Form 5 Under Vivad Se Vishwas Scheme Upon Rectification of Portal Error in Clubbing Payments Across Assessment Years: Calcutta HC

Income Tax Dept Mandated to Issue Form 5 Under Vivad Se Vishwas Scheme Upon Rectification of Portal Error in Clubbing Payments Across Assessment Years: Calcutta HC

The Calcutta High Court ordered the Income Tax Department to issue Form 5 under the Direct Tax Vivad Se Vishwas Scheme, 2020, stating that revenue authorities cannot deny the benefits of the scheme to an assessee due to a technical glitch on the official portal which caused erroneous clubbing of payments across different assessment years. The Court held that Form 5 is a legislative requirement, not a discretionary function, when the conditions o…