9911796707
TMI Blog2024 (2) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... r suppression of facts is void and shall be deemed never to have been made under the Income Declaration Scheme, 2016 under Finance Act, 2016. If the amount paid by the petitioner during the assessment year 2012-2013 towards Advance Tax and Self Assessment Tax after due date for filing of the Return u/s 139 was Rs. 1.25,00,00,000/-, it remains to be unexplained as to how the tax liability of the petitioner for the said Assessment Year was reduced to Rs. 94,15,230/- by the petitioner in the declaration filed under the Income Declaration Scheme, 2016 to Rs. 94,15,230/- as detailed in Table-1. But for the aforesaid issue regarding the tax liability of the petitioner for the Assessment Year 2012-13 in the Declaration filed by the petitioner under Income Declaration Scheme, 2016, we see no impediment in allowing the petitioner to adjust the amount paid as Advance Tax and Self Assessment Tax towards tax liability of the petitioner under Income Declaration Scheme, 2016. Therefore, the impugned order is set aside for limited purpose. The case is remitted back to the respondent along with the Assessing Officer for redo the exercise after examining the accounts of the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them. In this regard, a communication has been received from them stating that as per the IDS Scheme tax paid in the form of Advance tax, Self Assessment tax prior to IDS Scheme (i.e. 1st June 2016) are not allowed to claim under IDS except the TDS payments. In view of the above, the tax payment of 1.25 crores made by the assessee prior to the IDS scheme (i.e. 1st June 2016) cannot be allowed to claim under the IDS Scheme. 4. Attention is drawn to the provision of IDS 2016 which states that Declaration shall be void and shall be deemed never to have been made if the declarant falls to pay the entire amount of tax, surcharge and penalty within the specified dates. where the declaration is to be held void for the above reason, it shall be deemed never to have been made and all the provisions of the Income Tax Act, 1961 including penalties and Prosecution, shall apply accordingly . 5. As the assessee had failed to pay the amount of Rs. 1,24,78,951/- ( 2,51,40,871 90,61,920/-) before the stipulated date indicated in the table supra, the declaration of the assessee is deemed never to have been made and accordingly, all the provisions of the Income Tax Act, including penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6,175 1,94,044 1,94,044 Total 4,78,68,595 4,78,68,595 1,38,55,579 35,90,146 35,90,146 Amount agreed to be paid Rs.2,10,35,871 Wrongly quantified as * 1,43,60,579 7. The petitioner had earlier paid a sum of Rs. 1,25,00,000/- during Assessment Year 2012-2013 on various dates as detailed below:- Table -3 S.No. Nature of Payment Date of Payment BSR Code Challan No. Amount in (Rs.) 1 Advance Tax for A.Y.2012-13 31.03.2012 6360218 80407 15,00,000 2 Self-Assessment Tax for A.Y.2012-13 05.09.2013 6360218 80471 1,00,00,000 3 Self-Assessment Tax for A.Y.2012-13 21.10.2013 6360218 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt in respect of issues under the IDS, 2016 and just because a power is vested in an authority under the Income Tax Act, 1961 it does not mean that the same power is available to the authority when it discharges its functions under the IDS, 2016. 13. The learned Standing Counsel would submit that as per Section 195 of the Finance Act, 2016 containing the Income Declaration Scheme, 2016 (IDS, 2016) only provisions of Chapter XV of the Income Tax Act, 1961 relating to liability in special cases and of Section 119, Section 138 and Section 189 of the Income Tax Act, 1961, shall, so far as may be, apply in relation to proceedings under the IDS, 2016 as they apply in relation to proceedings under the Income Tax Act, 1961. Hence, avenue under Section 154 of the Income Tax Act, 1961 was not applicable to the IDS, 2016 and therefore there can be no direction to the respondent to pass orders under Section 154 of the Income Tax Act, 1961 in respect of a dispute under the IDS, 2016. 14. The learned Standing Counsel would further submit that as per Section 154 of the Income Tax Act, 1961, an income tax authority can pass orders under that Section with a view to rectifying any mistake appa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of the declaration made under Section 183 on or before the date specified under sub-section 91), the declaration filed by him shall be deemed never to have been made under this Scheme. 19. The petitioner has satisfied the requirements of Section 183 of the Finance Act, 2016. Therefore, there is no doubt that the petitioner is entitled to settle the dispute under the aforesaid Income Deduction Scheme. 20. As per Section 193 of the Finance Act, 2016, a declaration made by misrepresentation or suppression of facts is void and shall be deemed never to have been made under the Income Declaration Scheme, 2016 under Finance Act, 2016. Section 193 of the Finance Act, 2016 containing the Income Declaration Scheme, 2016 reads as under:- Section 193. Notwithstanding anything contained in this Scheme, where a declaration has been made by misrepresentation or suppression of facts, such declaration shall be void and shall be deemed never to have been made under this Scheme. 21. If the amount paid by the petitioner during the assessment year 2012-2013 towards Advance Tax and Self Assessment Tax after due date for filing of the Return under Section 139 of Income Tax Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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