9911796707
TMI Blog2006 (7) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... 96 disputed income was worked out. The petitioner filed a declaration under section 89 read with section 88 of the Finance (No. 2) Act, 1998, for settlement of tax payable to respondent No. 1. The total tax payable on the aforesaid amount was worked out to Rs.2,13,310. Respondent No.1 did not accept the aforesaid figure and determined the tax payable under section 89 of the Finance (No. 2) Act, 1998, at Rs.3,03,134. For doing so, respondent No. 1 took into consideration the amount of the additional tax payable which was determined to be payable by the petitioner. The petitioner objected to the aforesaid working out of the tax payable by his application dated February 25, 1999, and reminder dated March 1, 1999, but, there was no response. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be taken into account in determination of disputed income on which tax is payable at 30 per cent. under the Scheme. Circular (P/8) dated November 6, 1998, has been relied upon. Hence, this writ petition has been preferred for quashment of the order (P/4). 5. It is submitted in the return that for the assessment year 1995-96 disputed income was worked out at Rs. 4,88,110. For the assessment year1994-95, it was worked out at Rs. 2,22,923. The declaration submitted by the petitioner was verified and on the basis of the assessment records, the outstanding tax arrears as on the date of declaration were as follows Assessment year 1994-95 Rs. Assessment year 1995-96 Rs. (i) Tax Refund withdrawn Additional tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The question and answer is reproduced below (see [1998] 233 ITR (St.) 50, 51) "Question No. 6: Where in an assessment made under section 143(1) (a), the Assessing Officer makes certain adjustments to the total income and levies additional tax, will such additional tax be regarded as a tax or penalty? Answer : The additional tax is only a tax under the Income-tax Act." 8. From the above, it is amply clear that the additional tax levied in respect of an assessment year is a tax and would, therefore, form a part of the disputed tax for the purposes of determination of the disputed income. Accordingly, in the assessees case, the disputed income is worked out by taking into consideration additional tax also. The contention of the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 88; or (b) the amount of duties (including drawback of duty, credit of duty or any amount representing duty), cesses, interest, fine or penalty which constitutes the subject-matter of a demand notice or a show-cause notice issued on or before the 31st day of March, 1998, under that enactment but remaining unpaid on the date of making a declaration under section 88, but does not include any demand relating to erroneous refund and where a show-cause notice is issued to the declarant in respect of seizure of goods and demand of duties, the tax arrear shall not include duties on such seized goods where such duties on the seized goods have not been quantified. Explanation.—Where a declarant has already paid either voluntarily or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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