9911796707
TMI Blog2010 (1) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... 28 supra upholding revenue recovery proceedings initiated against the appellant vide exhibit P6 for recovery of arrears of sales tax and other dues for the assessment years 1998-99, 1999-2000, 2005-06, 2006-07 and 2007-08. The dispute is only in regard to the demand for the years 1998-99 and 1999-2000. Counsel contended that pursuant to application filed under section 23B, the assessing officer vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the appellant and the Government Pleader appearing for the respondents. After hearing both sides and after going through the circular and the statutory provisions, we do not find any justification to interfere with the finding of the learned single judge that the appellant forfeited the benefit under amnesty scheme because of the default committed in payment of the reduced amount based on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provision for automatic revocation of amnesty benefit, we feel non-payment of 25 per cent will render the order ineffective and nonoperational. In other words, if 25 per cent is not paid within 15 days, then the benefit granted under amnesty scheme will get automatically cancelled and cancellation by express order arises only in cases where the assessee has paid 25 per cent but committed default ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P5 and P5(a) could be extended to the appellant on conditions. Considering the penal interest payable under section 23B, we restore the benefit granted to the appellant vide exhibits P5 and P5(a) on condition of payment of Rs. 60,000 (rupees sixty thousand) towards further interest for the belated payment for 1998-99 and Rs. 40,000 (rupees forty thousand) towards further interest payable for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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