9911796707
TMI Blog1998 (12) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... he red and is facing closure. For the assessment years 1991-92, 1993-94 and 1994-95 to which this petition relates, the liability of the petitioner was to pay income-tax to the tune of about Rs. 3,20,36,286 after adjusting the tax already paid by way of advance tax, deductions at source (TDS), adjustments and refund, etc. The petitioner has preferred appeals for the assessment years 1991-92 and 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e scheme known as the Kar Vivad Samadhan Scheme, 1998, was introduced which shall be in operation from September 1, 1998, to December 31, 1998, which provides some relief to those assessees who are in tax arrears. Now this writ petition has been preferred mainly for two reliefs ; firstly, it has been prayed that the Income-tax Department be directed to refund a sum of Rs. 3,34,45,490 which it has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income-tax Department be directed to treat the petitioner as a defaulter for the purpose of availing of the benefit of the Kar Vivad Samadhan Scheme, 1998, is concerned, under section 87(m) "tax arrear" has been defined as follows : "(m) 'tax arrear' means,--- (i) in relation to direct tax enactment, the amount of tax, penalty or interest determined on or before the 31st day of March, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sic-respondent), the petitioner cannot avail of the benefit of this scheme because the Income-tax Department has realized the tax amount and no amount of tax can be said to be due as arrear on September 1, 1998, when the Kar Vivad Samadhan Scheme, 1998, came into operation because tax amount was actually received by the Department from the petitioner on August 29, 1998. This argument is not correc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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