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TMI Blog2017 (11) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessees are outside the Amnesty Scheme mentioned? - Held that:- A reading of Section 271D shows that a person who is liable to pay penalty thereunder shall be liable to pay, by way of penalty, a sum equal to the amount of the loan or deposit or specified sum so taken or accepted, in contravention of Section 269SS. Similarly, under Section 271E also, the penalty provided is a sum equal to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arises from the judgment in W.P.(C) No.23618 of 2017, which was disposed of following the former common judgment. 2. In these appeals, the Revenue is challenging the aforesaid judgments rendered by the learned single Judge whereby the learned single Judge has upheld the entitlement of the assessees to have their applications for the benefit of the Direct Tax Dispute Resolution Scheme, 2016, pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the penalty of twenty- five percent of the minimum penalty leviable and the tax and interest payable on total income finally determined, shall be payable by the assessee under the Scheme in question. According to the learned Senior Counsel, the legislature having specified minimum 25% of the penalty leviable as the amount payable, only those assessees who have been levied penalty under the provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the penalty, such specified sum is the minimum penalty payable. That does not, however, mean that the benefit of the Scheme can be claimed only by those assessees who have been levied penalty under the provisions of the Act providing for minimum penalty and maximum penalty. 6. Therefore, we do not find any reason to accept the plea. Appeals fail and are dismissed accordingly. - - TaxTMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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