9911796707
TMI Blog2014 (3) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... V.S.S.") intimating the petitioner - assessee that the declarations filed by the assessee were rejected. The brief facts of the case are set out as below: The petitioner is a Private Limited Company. On 31.03.1993, it was assessed to gift tax by the assessing officer for the assessment year 1989-90 and demanded to pay gift tax of Rs.42,072/- and interest of Rs.29,400/-. Being aggrieved by the assessment order, the petitioner preferred an appeal before the Commissioner of Gift Tax (Appeals-II), Hyderabad through authorized representative, M/s. M. Anandam & Company Chartered Accountants. As per the averments made in the affidavit, though initially, appeal was addressed to the Commissioner of Gift Tax (Appeals-II), but as the aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 89 of the Finance (No.2) Act, 1998 is never deemed to have been made. It is submitted that the letter of the first respondent rejecting the KVSS declaration filed by the petitioner is arbitrary, unjust and illegal. The letter of the first respondent does not disclose any reasons whatsoever why the appeal filed by the petitioner is not valid. The petitioner filed the appeal within the time limit of 30 days prescribed under the Gift Tax Act. A counter affidavit is filed on behalf of the 1st respondent wherein there is no denial of the fact of receipt of the appeal through the covering letter dated 14.07.1993. However, it is sought to be contended that inasmuch as there is no Deputy Commissioner of Gift Tax (Appeals- II) in relation to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e technical ground that the same was addressed to the Deputy Commissioner of Income-tax (Appeals-II), it is not open for the Department to turn round and say that the appeal was not filed before the competent authority. Having regard to the facts of this case, we are satisfied that there was no lapse on the part of the petitioner in filing the declaration, and in our opinion, the authorities ought to have considered the declaration filed by the petitioner under the KVSS on merits. It is to be taken note of that at the time of admission of the writ petition, the petitioner sought leave of this Court to deposit the tax arrears in terms of the Scheme. Now, it is submitted that the tax arrears have been deposited. In the above view of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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