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2018 (2) TMI 1601

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..... to grant any time, after 30.9.2017, to pay the amount of installment. In absence of any provision, we cannot permit the petitioner to deposit the amount or direct the petitioner to deposit the amount before the department. The decision cited by the learned counsel for the petitioner in the case of Vijay Omprakash Bansal [2001 (12) TMI 24 - BOMBAY High Court] is distinguishable on facts. For the a .....

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..... r the Income Tax Declaration Scheme, 2016, declaring a total undisclosed income of ₹ 36.19 lakhs for Assessment Year 2010-2011 to 2014-2015, determining the total tax payable (including penalty) thereon at ₹ 16.29 lakhs. The declaration made by the petitioner was accepted and an acknowledgment to that effect was issued by the Principal Commissioner Income Tax. In terms of the notificat .....

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..... nstallment of the Income Declaration Scheme, 2016, has been rejected by the impugned order dated 19.12.2017. It is not disputed by the learned counsel for the petitioner that under the said Declaration Scheme, there is no provision to condone the delay or permit the petitioner to deposit the amount after 30.9.2017. The learned Principal Commissioner of Income Tax - 2, after carefully considering t .....

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..... ed that the Revenue also benefits due to an early settlement and quick payment. These objectives have to be kept in mind while considering the provisions of this scheme and the courts must accept the beneficial interpretation which will serve both these objectives. The word "shall" has been interpreted as "may" on many occasions. In our view, it cannot be said that this provisi .....

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..... there is no provision under the Income Declaration Scheme, 2016, to grant any time, after 30.9.2017, to pay the amount of installment. In absence of any provision, we cannot permit the petitioner to deposit the amount or direct the petitioner to deposit the amount before the department. The decision cited by the learned counsel for the petitioner in the case of Vijay Omprakash Bansal is distinguis .....

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