TMI Blog2014 (7) TMI 603X X X X Extracts X X X X X X X X Extracts X X X X ..... Scheme was made operational - reasons mentioned by the revenue in the orders passed by him refusing to extend the benefit under the Scheme are outside the scope of the Scheme – thus, the revenue is directed to extend the benefit to the assessee after ensuring due compliance, as to payment of the stipulated amount – Decided in favour of Assessee. - W.P.Nos.16179, 16183 & 16186 of 2000 - - - Dated:- 25-6-2014 - Sri L. Narasimha Reddy And Sri Challa Kodanda Ram,JJ. For the Petitioners : Sri S. Ravi For the Respondent : Sri S. R. Ashok JUDGMENT (Per LNR,J) The subject matter of these three writ petitions is similar. Hence, they are disposed of through a common judgment. The petitioners are the assessees under th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1)(c) of the Act proposing to levy penalty is also outside his powers. The said orders are challenged in these writ petitions. Sri S.Ravi, learned senior counsel appearing for the petitioners submits that the Scheme was evolved by the Central Government with a view to put an end to unnecessary litigation, even while protecting the interest of revenue. He contends that once an appeal or revision is pending and the assessee is prepared to pay 50% of the tax arrears, as defined under the Scheme, the concerned authority has no option, but to extend the benefit. He submits that the view taken by the respondent is contrary to the Scheme as well as the precedents on the subject. Sri S.R.Ashok, learned senior Standing Counsel for the Departme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver an appeal or revision filed by an assessee is pending, and the assessee is prepared to pay 50% of the tax arrears, the proceedings would be terminated in his favour. The expression tax arrears is defined as in relation to direct tax enactment, the amount of tax, penalty or interest determined on or before the 31st day of March, 1998, under that enactment in respect of an assessment year as modified in consequence of giving effect to an appellate order but remaining unpaid on the date of declaration It is obvious that it takes in its fold not only the amount of tax due, but also the penalty, as well as the interest determined on or before 31.03.1998. In the instant case, the petitioners do not have any qualms about the levy of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e view that once the subject matter of appeal or revision is covered by the Scheme, the benefit becomes extendible without any option. This was reiterated in subsequent judgments. Recently, a Division Bench of this Court, of which one of us (Justice Challa Kodanda Ram) is a party, passed an order extending the benefit in Y.V.CHANDER v. UNION OF INDIA. 364 ITR 190. In the instant case, it is not in dispute that the revisions filed by the petitioners herein were pending by the time the Scheme was made operational. The reasons mentioned by the respondent in the orders passed by him refusing to extend the benefit under the Scheme are outside the scope of the Scheme. We therefore allow the writ petitions and set aside the impugned orders. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
