9911796707
TMI Blog2005 (9) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... tax Act in November/December, 1998 only to obtain the benefit of the Kar Vivad Samadhan Scheme, 1998, which came into force with effect from September 1, 1998. According to the Department, the revisions filed by the assessee were time barred and as such they were not 'pending" in terms of section 95(i)(c) of the said Scheme. The undisputed facts which lie within a very narrow compass are as follows: In respect of the assessment years 1984-85 to 1991-92, the assessee was liable to pay tax under assessment orders passed vide section 143(3) of the Income-tax Act, 1961 and also under the assessment orders passed under the Wealth -tax Act, 1957. Being aggrieved by the assessment orders, the assessee herein, preferred appeals to the Commissioner (Appeals) under section 246 of the said Act. However, the assessee failed to pre-deposit the self-assessed tax and consequently, the appeals came to be dismissed in the year 1992-93. The Finance (No. 2) Act, 1998 introduced a Scheme called the Kar Vivad Samadhan Scheme (for short "the Scheme"). The said Scheme was contained in Chapter IV of the Finance Act and consisted of sections 86 to 98 (both inclusive). The said Scheme came into forc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12-1998 28/29-12-98 9-2-1999 Rejected 31-3-2000 Delay not condoned 1990-91 Appeal 13/15-01-99 Last week of January 1999 15/22/23-2-99 and 5-3-99 Accepted Delay condoned 1990-91 Revision 26-11-98 to 8-12-1998 28/29-12-98 9-2-1999 Rejected 31-3-2000 Delay not condoned 1991-92 Appeal 13/15-01-99 Last week of January 1999 15/22/23-2-99 and 5-3-99 Accepted Delay condoned 1991-92 Revision 26-11-98 to 8-12-1998 28/29-12-98 9-2-1999 Rejected 31-3-2000 Delay not condoned 1992-93 Appeal 13/15-01-99 Last week of January 1999 15/22/23-2-99 and 5-3-99 Accepted Delay condoned 1993-94 Appeal 13/15-01-99 Last week of January 1999 15/22/23-2-99 and 5-3-99 Accepted Delay condoned On the above facts, the Department's case before us is that the Scheme was enacted to resolve the pending litigation; that the purpose of the Scheme was not to create artificial pendency of litigation; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the prescribed time. It was submitted that the revision petition was not pending in terms of section 95(i)(c) of the Scheme; that the delay in filing the revisions was not condoned and, consequently, the assessee was not eligible to take the benefit of the Scheme. In this connection, learned counsel placed reliance on the judgment of this court in the case of Computwel Systems P. Ltd v. W. Hasan reported in [2003] 260 ITR 86. Per contra, Shri M.L. Varma, learned senior counsel appearing on behalf of the assessee submitted that revisions and appeals were filed by the assessee along with the condonation applications; that, however, declarations pertaining to the assessment years covered by the appeals under section 246 were accepted by the Designated Authority (for short "the DA") under the Scheme though the applications for condonation of delay were pending decision, whereas the DA rejected the declarations filed by the assessee covered by the revisions without waiting for the Commissioner to exercise his authority to condone the delay under the proviso to section 264 of the Income-tax Act. Learned counsel made the grievance that no reason has been given by the Department for r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... similar provisions under the Wealth-tax Act. Under the Income-tax Act, there is a difference between appeals, revisions and references. However, those differences were obliterated and appeals, revisions and references were put on par under section 95(i)(c) of the Scheme. The object behind section 95(i)(c) in putting on par appeals, references and revisions was to put an end to litigation in various forms and at various stages under the Income-tax Act/Wealth-tax Act and, therefore, the rulings on the scope of appeals and revisions under the Income-tax Act or on Voluntary Disclosure Scheme, will not apply to this case. One more aspect needs to be looked into. The Finance (No. 2) Act, 1998 introduced a Scheme called the Kar Vivad Samadhan Scheme, 1998. It was a recovery scheme. Under the Scheme, the tax arrear had to be outstanding as on March 31, 1998. Under section 87(f), "disputed tax" was defined to mean total tax determined and payable under the Income-tax Act/Wealth-tax Act in respect of an assessment year but which remained unpaid as on the date of making of the declaration from which TDS, self-assessed tax, advanced tax paid, if any, had to be deducted under section 90; the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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