TMI Blog2008 (12) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... P. K. R. Menon for the respondent. JUDGMENT S. Siri Jagan J. - The issue involved in this original petition relates to the eligibility of the petitioner for applying for the benefits under the Kar Vivad Samadhan Scheme, 1998, introduced by the Finance (No.2) Act, 1998. This scheme has been introduced for settlement of pending income- tax cases. For becoming eligible for applying under the Scheme, the issue in respect of which the benefit is claimed should be one pending in appeal, revision, reference etc. before any authority or court on the date of application for benefit of the Scheme. The assessment years involved are 1992-93 to 1994-95. The appeals filed against the assessment were apparently allowed in favour of the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent to permit settlement under Section 88 of Finance (No.2) Act, 1998, in respect of the disputed income and tax offered by the petitioner under exhibit P11 for the assessment years 1992-93, 1993-94 and1994-95." 3. The learned standing counsel for the Revenue opposes the contentions of the petitioner. According to him, the reference applications were heard and the question of law in respect of the issue in question was refused to be referred by the Tribunal to the High Court even before the date of application. Out of the five questions included in the reference applications, only one question was referred, which was not in respect of the issue for which the petitioner sought the benefit under the scheme. The draft statement conta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent for the assessment year 1994-95 was dismissed by the Tribunal, vide order dated 20.10.1998 and a copy of the same was served on the petitioner on 7.11.1998." 6. That being so, the petitioner himself admits that the copy of the draft statement was received by the petitioner on 9.7.1998 and 7.11.1998, for the assessment years in question. Admittedly, the draft statement did not contain the question of law in respect of the issue for which the petitioner sought the benefit of the Scheme. It is admitted that the draft statement contains the question of law decided to be referred to the High Court and only corrections can be carried out in the same. Therefore, as on the date of exhibit P11, viz., 29.1.1999, no issue was pendin ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
