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2009 (12) TMI 8 - HC - Income TaxKar Vivad Samadhan Scheme, 1998 - whether the amount deposited by the petitioner before the date of declaration in pursuance of the assessment order, which is subject matter of appeal, is liable to be adjusted towards the tax due first or towards the accrued interest – held that - a matter which has already been settled cannot be reopened under the scheme and the benefit under the scheme should not be extended to an assessee even with regard to the admitted income. If the tax has been paid or adjusted, no re-adjustment has to be done in terms of the provisions of section 88 of the scheme. In other words, it means that past is past. An accomplished fact cannot be reopened or reconsidered after commencement of the KVSS - Applying the said principle to the facts of the present case, it is no longer open to the petitioner to urge that the adjustment made by the department by making credit entry towards tax due and interest is incorrect, in a proceeding under KVSS.
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