9911796707
TMI Blog2004 (1) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... GURURAJAN J.-The first petitioner is the legal representative of the late Sri A.S. Sengoda Gounder. Sri A.S. Sengoda Gounder died on October 16, 1997. He was the managing director of M/s. Sri Sampurna Laxmi Spinning Mills Ltd., at Erode. He was an assessee in Bangalore. He submitted income-tax returns year after year and was regular in the matter of payment. In the accounting year relevant to the assessment year 1995-96, he received certain foreign exchange from certain persons who are non-resident Indians. He did not submit any information about the foreign exchange in his returns. A survey was conducted in the office and residential premises in the year 1996. According to the petitioner, nothing transpired from out of the survey. He, whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment year 1995-96. The petitioner filed an appeal before the Tribunal and the same is pending. The first petitioner-company aggrieved by the rejection of the Kar Vivad Samadhan Scheme application, has filed this writ petition. The second petitioner Sri Shanmugasundaram is the son-in-law of the late Sri A.S. Sengoda Gounder. The office premises of the second petitioner and the first petitioner was the subject matter of survey on October 8, 1996. A return was filed by the second petitioner. A survey under section 132 was conducted and substantially the same steps have been taken as in the case of Sri A.S. Sengoda Gounder. The rest of the proceedings both on the basis of regular return, regular assessment for the assessment year 1995-96 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that once the declaration in a substantial case or year is accepted, the tax arrears in protective case here would no longer be valid and will be rectified by suitable orders. He noted that the addition made by the petitioner for NRI gifts is made on protective basis. The sum and substance of the order is that there are no tax arrears pending on the date of application. The same was the reasoning in annexures "E" and "J". In the light of the argument of learned counsel, I have carefully perused the scheme. The scheme provides for definitions. We are concerned with a few definitions, namely, disputed tax and tax arrears. A combined reading of these two definitions would show that there should be a factual tax arrears which could be deman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iven to question No. 18 for the purpose of understanding of the scheme. The question and answer reads as under: "Question No. 18: Section 90(1) of the Scheme refers to the sum payable that may be determined by the designated authority. How is the sum payable to be worked out? Answer: The sum payable is to be determined with reference to disputed income as defined in section 87(e) to mean the whole or so much of the total income as is relatable to the disputed tax. The term' disputed income' as used in the scheme does not refer to the income in dispute by way of appeal, etc., but it refers to the income which is relatable to the disputed tax. The term 'disputed tax' has been defined to mean the tax determined and payable but remaining un ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
