TMI Blog2014 (8) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... the Scheme as the levy of interest is terminable to the date of payment, which date in the case of KVSS is 31.03.1998 - the interest has been added only upto 31.03.1998 for the purpose of computation and thereafter by giving necessary deduction as envisaged in the Act, the order has been passed – there was no reason to interfere with the demands which have been issued and interest being the natura ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the purpose of settlement of the dispute. 2. The orders passed by the designated authority is questioned on the ground though initially he had filed declaration under the Scheme for the assessment years 1986-87, 1987-88, 1988-89, 1989-90 and 1991-92, the demands with respect to 1986-87, 1987- 88 were already paid and in that view of the mater, there were no tax arrears and assessee had requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not in order. He would further submit that in the absence of a demand being there in terms of Section 156 r/w 220 of the Act, the addition of interest for the first time while processing the KVSS is unjust and arbitrary. 3. On the other hand the learned counsel for the department would point out the orders of the penalties for the assessment years 1988-89, 1989-90 and 1991-92 dated 26.08.1991 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e purpose of computation and thereafter by giving necessary deduction as envisaged in the Act, the order has been passed. We see no legal infirmity in the order passed by the designated authority. It is the specific pleading and assertion of the petitioner that penalty amount as demanded has been paid for the assessment years 1986-87, 1987-88 and by inadvertence the said amounts were also included ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er passed by the designated authority on 25.02.1999 shall be treated as confining to for the three years and so far as the inclusion of the demands for the assessment years 1986-1987 and 1987-88 shall be treated at non-est or shall be treated as not having been considered. However, it is open for the authorities to take appropriate proceedings for the assessment years 1986-87, 1987-88 subject to l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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