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TMI Blog2017 (9) TMI 666X X X X Extracts X X X X X X X X Extracts X X X X ..... whether the petitioner's application seeking condonation of delay in making payment of first installment under the Income Declaration Scheme of 2016 is disposed of or is still pending. The application stated to be made, a copy of which is at annexure "A" to the Petition, is dated 12th December, 2016. Let Mr. Walve inform us on the next date whether this application is disposed of or is still pending, depending upon which, we will issue the requisite further directions for its consideration. 2. List the matter on 29th August, 2017 for passing orders." 3. We specifically indicated to Mr. Walve that the application, copy of which is at Annexure A to the petition, is dated 12-12-2016. There is no reason why the Revenue cannot inform thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .T. Act, 1961 to condone the delay and prevent genuine hardship in fit cases. It is in these circumstances, the request is made to issue a direction for consideration of the application in accordance with law. 11. After having heard both sides and perusing the petition and its annexures, we find that the petitioner relies upon the order under Section 119 of the I.T. Act, 1961. The Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes is aware that it has received condonation petitions, including under Section 119 of the I.T. Act, 1961 from some of the declarants under the IDS. If they have paid (fully or partly) the first instalment, either belatedly and after the prescribed date of 30-11-2016, or h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on about the due date (d) Rush at banks (e) Any other reasons which are attributable to declarants 3.1 The Board after considering the matter, is of the view that either condoning the delay in making payment of first instalment by the defaulters who have not paid any amount till now or further extending the date beyond the due date for regularising/facilitating the payment of liabilities under IDS merely to accommodate a few, especially when most of the declarants had abided by the prescribed scheduled date, does not merit consideration. It is noted that IDS does not provide for levy of interest on delayed payments, and hence, granting such a condonation to the defaulters may be discriminatory against the declarants who made it a poin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall not be feasible in cases of delays due to circumstances mentioned in para 3 above. 13. At the same time, in para 4, the Board refers to circumstances over which the declarant had absolutely no control. It is only in such cases the concerned Principal Commissioner of Income Tax/Commissioner of Income Tax is authorised to deal with the application on a case to case basis, after verifying the claim of the declarant through the relevant Bank statements/certificates, etc., and consider on merits the condonation in appropriate cases provided the amount payable as per the first instalment as well as the second instalment is paid on 3132017 by the concerned declarant. 14. The petitioner in the writ petition has placed reliance on such excep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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