Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2022 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (2) TMI 1062 - KARNATAKA HIGH COURTPradhan Mantri Gareeb Kalyan Yojana (PMGKY) scheme - whether petitioner qualifies for the benefits enumerated in section 199-I of Act No. 48 of 2016 granting immunity from the provisions of the Income-tax Act? - amount could not be deposited solely on account of the fact that the first bank that the petitioner went to was not authorised to collect the money and the second bank that the petitioner went to could not accept the money since the banking hours had closed - Can an assessee be denied the benefit of the scheme when there is partial fulfilment of the requirement of the scheme ?" - HELD THAT:- In the present case, the petitioner-assessee has tried to deposit the amount and in support thereof has produced annexures C and D to the writ petition. Annexure D is the application form in form 2 as required under the Pradhan Mantri Garib Kalyan Deposit Scheme, 2016. If at all the amount had been accepted by the bank, this application and declaration could have been subsequently submitted by the petitioner to the respondent-Department. It is only on account of the bank not accepting the deposit that form 2 could not be got counter signed with an acknowledgment from the bank and not be submitted by the petitioner to the respondent-Department. In the peculiar nature of the facts of the present case, we are of the considered opinion that the petitioner has made all efforts to try and comply with the requirement of the Pradhan Mantri Garib Kalyan Deposit Scheme. In such a situation, 66 per cent. of the compliance having been done, the petitioner ought not to be denied the benefit of the scheme more so that the learned counsel for the petitioner has made a submission that he is still willing to deposit the amount for a period of four years from today and would not claim any interest on the same. Petition stands allowed.
|