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2018 (8) TMI 1479 - GUJARAT HIGH COURTIncome Tax Disclosure Scheme, 2016 (IDS 2016) - Error in the declaration - As soon as the petitioner realised the error, remaining sum was paid. Such payment was also accepted. Further two installments were also deposited well within the time permitted. - Does CBDT have the power to regularise the payments in appropriate cases? - Held that:- Effect of section 191 perhaps would be that tax already paid would become nonrefundable. In other words, the petitioner's entire deposit of tax, surcharge and penalty were nonrefundable and on the other hand, declaration would be treated as nonest that too on account of a genuine bona fide error for a small portion of the installment not been paid for a short time. Under the circumstances, impugned communication dated 18. 9. 2017 is set aside. The respondent shall not reject the petitioner's declaration only on the ground of non payment of installments within time limit. All other conditions of the Scheme would be open for the respondents to verify with respect to which no controversy has been raised before us and we have therefore, not commented upon. The petitioner shall however deposit interest at the rate of 10% per annum for the period of delay in depositing such sum. Decided in favor of assessee.
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