9911796707
TMI Blog2014 (4) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... Scheme - The Court does not require any further thought to hold that Ext.P5 Circular has become redundant and it is not liable to be acted upon by any of the authorities of the respondent State - It is declared accordingly. After introduction of the Amnesty Scheme in the year 2008, it was not extended for the next year - But by virtue of the provisions of the Finance Act 2013, it was decided to be extended - Though the time originally stipulated got expired on 31.12.2013, it now stands extended till 31.03.2014 -The Court finds that the petitioner is entitled to have the benefit of Amnesty Scheme and the application filed in this regard is liable to be reconsidered - Ext.P4 order set aside - The first respondent directed to reconsider Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e penalty order, the first respondent passed Ext.P1 revised assessment order, which was subjected to challenge by way of appeal. As per Ext.P2, interference was made and the assessment was modified. It was thereafter, that the petitioner chose to avail the benefit of 'Amnesty Scheme' by submitting Ext.P3 application. This was considered and it was rejected as per Ext.P4 order, referring to Ext.P5 Circular (Circular No.13/08) pointing out that the value of the assets was more than the settlement liability; which in turn is under challenge in this writ petition. 3. The learned counsel for the petitioner points out that there is absolutely no merit in rejecting the application for 'Amnesty Scheme' sought to be extended to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reduction of the interest on the tax amount, and for the amount of penalty and interest thereon; (c) In the case of demands relating to the period from 1st April, 1996 to 31st March, 2005, a reduction of ninety five per cent of the interest on the tax amount, and for the amount of penalty and interest thereon; (d) In the case of demands relating to the period from 1st April, 2000 to 31st March, 2005, a reduction of ninety per cent of the interest on the tax amount, and for the amount of penalty and interest thereon; and (e) In cases where principal amount has already been remitted prior to coming into force of section 55C of the Act, a reduction of ninety per cent of the interest amount. This being the position, it was no more op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess than the value of such assets. The above stipulation has disappeared, when the Bill got transformed into the 'Act' as already mentioned herein before. Section 23B of the 'Act' does not contain any such adverse stipulation/circumstance, which bars the way of the petitioner in availing the benefit of Amnesty Scheme. This being the position, this Court does not require any further thought to hold that Ext.P5 Circular has become redundant and it is not liable to be acted upon by any of the authorities of the respondent State. It is declared accordingly. 5. Coming to the proposal referred to in Ext.P4, no material has been brought before this Court to come across any such instance of having filed any appeal or as to ob ..... X X X X Extracts X X X X X X X X Extracts X X X X
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