2017 (11) TMI 202

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Income Tax
Antony Dominic And A. M. Babu, JJ. For the Petitioner : Sri. Christopher Abraham For the Respondent : Sri. Premjit Nagendran JUDGMENT Antony Dominic, J. 1. a Writ Appeal Nos.1723, 1901 arise from the common judgment in W.P.(C) Nos.6417 and 6418 of 2017 respectively. Writ Appeal No.1787 of 2017 arises from the judgment in W.P.(C) No.23618 of 2017, which was disposed of follo .....

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..... he cases of the assessees are outside the Amnesty Scheme mentioned above. To substantiate this contention, the learned Senior Counsel referred us to Clause 201(1)(h) defining "tax arrear" and sub-clause (b) of Clause 202 of the Scheme. Particular emphasis was given to sub- clause(b) wherein it is provided that the penalty of twenty- five percent of the minimum penalty leviable and the tax and inte .....

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..... enalty, 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 the amount of loan or deposit or specified advance, if so repaid. When a specified sum is so provided as the penalty, such specified sum is the minimum penalty payable. That does not, however, m .....

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