TMI Blog2016 (6) TMI 323X X X X Extracts X X X X X X X X Extracts X X X X ..... have to be strictly adhered to. The scheme partakes of the nature of a settlement between the assessee and the department and from the terms of the settlement neither party can be permitted to resile. To allow the petitioner to effect payments belatedly would tantamount to altering the terms of the settlement and that cannot be done by this Court in exercise of its powers under Art. 226 of the Constitution of India. In the instant case, although the delay occasioned by the petitioner is only of six days from the cut off date mentioned under the Scheme, it has to be borne in mind that the actual amount to be paid under the Scheme was to be paid on or before June 2014 and the extension of time from June 2014 to 31st December, 2014, itself ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Challan Nos.306, 312 and 323 dated 30.12.2013, and the balance amount of 50% together with interest thereon was paid by him only on 06.01.2015. It is stated that while he had paid the first tranche of 50% within the time contemplated under the Scheme, he had paid the second tranche of 50%, together with interest, only with a marginal delay of six days from the date fixed under the Scheme. It is his contention therefore that for this marginal delay he should not be denied the substantive benefit that was offered to assessees under the VCES Scheme, 2013. The learned counsel for the respondent would vehemently oppose the grant of any indulgence to the petitioner, on the contention that the VCES Scheme, 2013, is in the nature of an Amnesty Sch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s under a taxing statute, that while the general rule is that an exemption provision under a taxing statute should be strictly construed against an assessee and in favour of the revenue, the strict interpretation would apply only to ascertain whether the petitioner is entitled to the benefit of the exemption. It is his contention that once the petitioner is found entitled to the benefit of the exemption, then the exemption notification has to be interpreted widely so as to try and retain the petitioner within the benefit of the exemption that was contemplated under the notification. Per contra, the learned counsel for the respondents would submit that the VCES Scheme, 2013, is in the nature of an Amnesty Scheme and it is not akin to an exem ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
