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TMI Blog2009 (2) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... respondents. JUDGMENT J. B. KOSHY, ACTG. C. J. - The predecessor in interest of the appellants was as an assessee of the income-tax. He was doing the business of import and export of cashew. The assessment of income-tax for the assessment years 1990-91, 1991-92 and 1993-94 was completed and arrears with interest were due for payment. While demands were pending, the Central Government introduced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claimed only the offer to pay 50 per cent. of the amount as if there was no arrears of tax. The assessment was made and the amount fixed as per exhibit P7 was paid. Thereafter, the settlement amount was modified as interest payable up to March 31, 1998, under section 220(2) of the Income-tax Act, 1961, which was not included in exhibit P7 demand raised based on the declaration furnished by the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 90 of the Finance (No. 2) Act, 1998 (exhibit P1), which reads as follows: "90. Time and manner of payment of tax arrear. - (1) Within sixty days from the date of receipt of the declaration under section 88, the designated authority shall, by order, determine the amount payable by the declarant in accordance with the provisions of this Scheme and grant a certificate in such form as may be pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the designated authority and intimate the fact of such payment to the designated authority along with proof thereof and the designated authority shall thereupon issue the certificate to the declarant. (3) Every order passed under sub-section (1), determining the sum payable under this Scheme, shall be conclusive as to the matters stated therein and no matter covered by such order shall be reopene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt by including interest which ought to have been included by the petitioner in the declaration. The mistake happened due to the wrong declaration filed by the petitioner. But, the learned judge found that for 1993-94, the amount has to be corrected in terms of the Kar Vivad Samadhan Scheme taking into consideration that arrears included tax also. No appeal was filed by the Department against that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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