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2000 (7) TMI 31

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..... a declaration made by the petitioner under section 88 of the Finance (No. 2) Act, 1998, has determined a sum of Rs. 75,000 under section 90(1) of the aforesaid Act towards the full and final settlement of her tax arrear covered by the said declaration under the Kar Vivad Samadhan Scheme, 1998. The determination as made by the Commissioner is as follows: ------------------------------------------- .....

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..... oner and that of the Department. On a perusal of both the charts, it would appear that the dispute is confined on the payment of Rs. 2,10,000 made by the petitioner on December 13, 1996. The petitioner paid the aforesaid amount of Rs. 2,10,000 on December 13, 1996, as per the challan at annexure 6 for the assessment year 1993-94 by bifurcating the same as follows : Rs. "(1) Income-tax 1,23,83 .....

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..... -- From the chart showing adjustment of payments as per the Revenue, it may be seen that it intended to adjust the entire sum of Rs. 2,10,000 towards tax and any excess has to be set off against interest. In this connection, learned standing counsel relies on clarification No. 4 issued on the Kar Vivad Samadhan Scheme, 1998, which is as follows : "Question No. :4 Where the tax arrear comprises t .....

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