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2017 (9) TMI 835 - HC - Income TaxBenefit of Amnesty scheme - Penalty u/s 271D and 271E - The Direct Tax Dispute Resolution Scheme, 2016 - petitioners had offered to pay 25% of the mandatory penalties - Held that:- The issue is no longer resintegra, as the same has been decided in case Ms. Grihalakshmi Films [2017 (7) TMI 732 - HIGH COURT OF KERALA] wherein held a person, who defaults on the tax and interest liability under the Income Tax Act for the assessment year, cannot claim the benefit of amnesty in respect of the penalty alone. It is also significant to note that the exclusions from the Scheme, that are enumerated in Section 208 of the Finance Act, 2016, also do not expressly provide for the exclusion of a declaration, such as those filed in the instant writ petition, where the amnesty is sought only in respect of a penalty that is imposed under the Income tax Act. Going by the authoritative pronouncement, this Court is of the opinion that, there is no scope for restricting the interpretation given to the scheme and that the penalty as levied under Sections 271D and 271E of the Act also could be settled under the Scheme. Hence, Exts.P9 and P10 are set aside.
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