Clause 90 - Amount payable by declarant. - Finance (No. 2) Bill, 2024

Amount payable by declarant. 90. Subject to the provisions of this Scheme, where a declarant files under the provisions of this Scheme on or before the last date, a declaration to the designated authority in accordance with the provisions of section 91 in respect of tax arrear, then, notwithstanding anything contained in the Income-tax Act or any other law for the time being in force, the amount payable by the declarant under this Scheme shall be as mentioned in the Table below, namely: TABLE Sl.No. Nature of tax arrear. Amount payable under this Scheme on or before the 31st day of December, 2024. Amount payable under this Scheme on or after the 1 st day of January, 2025 but on or before the last date. (1) (2) (3) (4) (a) where the tax arrear is the aggregate amount of disputed tax, interest chargeable or charged on such disputed tax and penalty leviable or levied on such disputed tax in a case where the declarant is an appellant after the 31 st day of January, 2020 but on or before the specified date. Amount of the disputed tax the aggregate of the amount of disputed tax and ten per cent. of disputed tax. (b) where the tax arrear is the aggregate amount of disputed tax, interest chargeable or charged on such disputed tax and penalty leviable or levied on such disputed tax in a case where the declarant is an appellant on or before the 31st day of January, 2020 at the same appellate forum in respect of the such tax arrear. The aggregate of the amount of disputed tax and ten per cent. Of disputed tax the aggregate of the amount of disputed tax and twenty per cent. Of disputed tax. (c) where the tax arrear relates to disputed interest or disputed penalty or disputed fee where the declarant is an appellant after the 31 st day of January, 2020 but on or before the specified date. Twenty-five per cent. Of disputed interest or disputed penalty or disputed fee. Thirty per cent. Of disputed interest or disputed penalty or disputed fee. (d) where the tax arrear relates to disputed interest or disputed penalty or disputed fee where the declarant is an appellant on or before the 31st day of January, 2020 at the same appellate forum in respect of the such tax arrear. Thirty per cent. Of disputed interest or disputed penalty or disputed fee. Thirty-five per cent. Of disputed interest or disputed penalty or disputed fee: Provided that in a case where an appeal or writ petition or special leave petition is filed by the income-tax authority on any disputed issue before the appellate forum, the amount payable shall be one-half of the amount in the Table above calculated on such issue, in such manner, as may be prescribed: Provided further that in a case where an appeal is filed before the Commissioner (Appeals) or Joint Commissioner (Appeals) or objections is filed before the Dispute Resolution Panel by the appellant on any issue on which he has already got a decision in his favour from the Income Tax Appellate Tribunal (where the decision on such issue is not reversed by the High Court or the Supreme Court) or the High Court (where the decision on such issue is not reversed by the Supreme Court), the amount payable shall be one-half of the amount in the Table above calculated on such issue, in such manner, as may be prescribed: Provided also that in a case where an appeal is filed by the appellant on any issue before the Income Tax Appellate Tribunal on which he has already got a decision in his favour from the High Court (where the decision on such issue is not reversed by the Supreme Court), the amount payable shall be one-half of the amount in the Table above calculated on such issue, in such manner as may be prescribed.