2005 (5) TMI 17 - HC - Income Tax

Whether the rejection of the declaration filed by the petitioner under the provisions of the Kar Vivad Samadhan Scheme is legally valid and sustainable? - Consequent on a search made at the residence of the petitioner an order of block assessment was passed by the Assistant Commissioner of Income-tax for the period from April 1 1986 to October 15 1996. The above order of assessment was passed on October 29 1997. It is the admitted position that the petitioner filed a revision petition against the above order on January 29 1999 along with a petition to condone the delay in filing the revision petition. According to the petitioner he could not file a revision petition within time since he had undergone a surgery for retinal detachment. Shortly after filing the revision petition the petitioner had filed a declaration seeking the benefit of the scheme - However the designated authority the Commissioner of Income-tax took the view that the declaration submitted by the petitioner under the scheme was not maintainable since no valid proceedings were pending before the revisional authority held that original petition is liable to be dismissed

Summary

Issues:
1. Validity and sustainability of rejection of declaration under Kar Vivad Samadhan Scheme.
2. Interpretation of section 95(i)(c) of the Finance (No. 2) Act, 1998.
3. Consideration of pending revision petition in relation to declaration under the scheme.

Issue 1:
The petitioner filed a revision petition against an order of block assessment, along with a petition to condone the delay due to a medical condition. Subsequently, the petitioner filed a declaration under the Kar Vivad Samadhan Scheme seeking benefits. The Commissioner of Income-tax rejected the declaration on the grounds that no valid proceedings were pending before the revisional authority, and that the revision of the order of assessment was not within the Commissioner's jurisdiction. The petitioner sought to quash the rejection orders through a writ of certiorari. The Court analyzed the scheme's provisions and the actions of the designated authority, emphasizing the need for a revision petition to be pending at the time of filing the declaration. The Court considered the petitioner's argument that the revisional authority could condone the delay and that the mere filing of the revision petition should suffice for the declaration's acceptance.

Issue 2:
The Court delved into the interpretation of section 95(i)(c) of the Finance (No. 2) Act, 1998, which outlines the non-applicability of the scheme in certain cases. The petitioner argued that the rejection of the declaration based on the non-admission of the revision petition was legally unsustainable. The Court examined the statutory language and the petitioner's contention that the revision petition's pendency, not its admission, was crucial for the declaration's acceptance. The Court considered precedents from other High Courts, highlighting conflicting views on the interpretation of "pending" in the context of revision petitions.

Issue 3:
The Court referenced a decision by the Gujarat High Court and a local judgment to support the petitioner's argument that the mere filing of a revision petition, even if not admitted or within the limitation period, should be sufficient for the declaration under the scheme. However, the Court also cited a Supreme Court decision emphasizing that the delay in filing the revision petition must be condoned for it to be considered pending. Despite acknowledging the petitioner's arguments and the pendency of the revision petition when the declaration was rejected, the Court ultimately dismissed the original petition based on the Supreme Court's ruling and the facts of the case, concluding that the rejection of the declaration was in line with the law.

This detailed analysis of the judgment provides a comprehensive overview of the issues involved, the legal arguments presented, and the Court's reasoning and ultimate decision.