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2009 (2) TMI 133 - HC - Income TaxKVSS – Kar Vivad Samadhan Scheme – the amount payable under the Kar Vivad Samadhan Scheme by the declarant shall be determined at the rates specified in that Scheme and the declarant would only be liable to pay that amount, instead of the actual amount due – assessee filed a declaration claiming benefit of rs. 26,82,606 due against interest – revenue granted benefit of Rs. 12,29,969/- only after adjustment of refund due to assessee for subsequent years – assessee challenged the order of adjustment of refund with tax in arrear and interest specifically not notice was issued u/s 245 – In between there was a revision u/s 264 – HC observed that the two technicalities are there and accepted the technicality raised by the Revenue. Therefore, since the petitioner has not chosen to challenge the order in revision, the petitioner is not entitled to succeed in this original petition as rightly pointed out by the counsel for Revenue – Petition dismissed.
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