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2012 (6) TMI 208 - MADRAS HIGH COURTDenial of Benefit of declaration under the Kar Vivad Samadhan Scheme –Expenditure incurred by way of interest not eligible to be deducted in computing the income liable to tax - Held that:- Once determination is made under Section 90 towards full and final settlement of tax arrears, there is nothing to be treated as pending for final consideration before any authority which includes the Tribunal - As on the date of filing of its application under the Samadhan Scheme no notice was served on the assessee as regards the pending Revenue's appeal before the Tribunal - when once the amount payable by the declarant was determined by the CIT it amounts to the department having bestowed its attention to the entirety of the tax arrears to pass order under Section 90 - Even as per Section 90 of the Kar Vivad Samadhan Scheme only where the declaration furnished by the assessee is found to be false by the designated authority at any stage, all the proceedings against the declarant shall be deemed to have been revived but in the absence of any such situation arising herein, the Revenue cannot sustain its plea treating as one pending for further consideration at the hands of the Tribunal - the assessee's declaration that the amount payable was determined by the CIT in his proceedings dated 17.6.1999 and that the Revenue's appeal before the Tribunal was filed on 7.7.1999 by which time the Samadhan Certificate had already been made – in favour of assessee.
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