9911796707
TMI Blog2003 (7) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... dings pending before the concerned authority, and such proceedings shall be in terms of the law providing for such proceedings. It is not in dispute before us that the Assessing Officer has passed orders against the respondent assessing him for tax and interest. It is also not in dispute that the respondent had filed exhibit P2 revision petition (in both cases) under section 264 of the Income-tax Act, 1961, before the Commissioner of Income-tax, on October 28,1998. It is also not in dispute that the respondent has filed exhibit P3 declaration in terms of the said Scheme before the designated officer to avail of the benefit under the Scheme, promulgated in the Finance (No.2) Act, 1998. That declaration was filed on November 2,1998, that mea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... declaration. Hence, the respondent submits that exhibits P3, P6 and P7 are bad in law. It was contended by the Revenue that in order to say that an application for revision was pending, as provided for in section 95(i)(c) of the Kar Vivad Samadhan Scheme, the revision shall be one which the assessee has filed in terms of a statute before the appropriate statutory authority. The complaint in exhibit P2 was about interest alone and not about the assessment of tax. His prayer was to waive interest. Waiver of interest is a matter to be considered by the Chief Commissioner, and not the Commissioner. Exhibit P2 was filed before the Commissioner and not before the Chief Commissioner. Therefore, it was not a valid revision petition filed before a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This prayer in the light of the grievance included complaint about the calculation of the interest as well. If at all, the request for waiver of interest can be discerned from exhibit P2, it can also be seen that a dispute regarding the error in calculation is also raised in exhibit P2 revision. The power of the Commissioner to entertain a revision petition is as contained in section 264 of the Income-tax Act, which reads as follows: "264. (1) In the case of any order other than an order to which section 263 applies passed by an authority subordinate to him, the Commissioner may, either of his own motion or on an application by the assessee for revision, call for the record of any proceeding under this Act in which any such order has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... late Tribunal. (5) Every application by an assessee for revision under this section shall be accompanied by a fee of twenty-five rupees. (6) On every application by an assessee for revision under this subsection, made on or after the 1st day of October,1998, an order shall be passed within one year from the end of the financial year in which such application is made by the assessee for revision. Explanation.- In computing the period of limitation for the purposes of this sub-section, the time taken in giving an opportunity to the assessee to be reheard under the proviso to section 129 and any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded. (7) Notwithstanding anyt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner. Hence, the view of the Commissioner that the revision petition was not at all maintainable, is erroneous. When the revision petition is so maintainable, necessarily, the Kar Vivad Samadhan Scheme, 1998, is applicable. The relevant provision, section 95, with regard to the application of the said Scheme reads as under: "95. Scheme not to apply in certain cases. - The provisions of this Scheme shall not apply- (i) in respect of tax arrear under any direct tax enactment, - . . . (c) to a case where no appeal or reference or writ petition is admitted and pending before any appellate authority or the High Court or the Supreme Court on the date of filing of declaration or no application for revision is pending before the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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