TMI Blog2017 (9) TMI 835X X X X Extracts X X X X X X X X Extracts X X X X ..... spect of the penalty alone. It is also significant to note that the exclusions from the Scheme, that are enumerated in Section 208 of the Finance Act, 2016, also do not expressly provide for the exclusion of a declaration, such as those filed in the instant writ petition, where the amnesty is sought only in respect of a penalty that is imposed under the Income tax Act. Going by the authoritative pronouncement, this Court is of the opinion that, there is no scope for restricting the interpretation given to the scheme and that the penalty as levied under Sections 271D and 271E of the Act also could be settled under the Scheme. Hence, Exts.P9 and P10 are set aside. - W.P.(C) No. 22711 of 2017 (L) - - - Dated:- 12-7-2017 - MR. K.VINOD CHA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as a direct consequence of the assessment proceedings and linked to the interest leviable, would it be covered under the Scheme. 4. This Court on a consideration of the issue found so: 7. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I find from a perusal of Ext.P4 Amnesty Scheme that, the Scheme contemplates the making of a declaration of tax arrears, which phrase is defined as meaning an amount of tax, interest or penalty determined, inter alia, under the Income Tax Act, and in respect of which an appeal is pending before the appellate authority as on 29.02.2016. The Scheme also envisages that, in the case of a pending appeal related only to penalty,the amount payable by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvisaged includes the filing of a declaration solely in respect of penalty, the Scheme suggests that when a declaration is only with regard to penalty, the obligation of the declarant is to pay 25% of the minimum penalty levied, and also to pay the tax and interest payable on the total income finally determined for the assessment year in question. The object of the Scheme appears to be to ensure that, while a person seeking an Amnesty Scheme only in respect of the penalty that is imposed on him, avails the benefit of the Scheme to that extent, it should also be ensured that the said declarant discharges the tax and interest liability under the Income Tax Act for the assessment year in question. In other words, a person, who defaults on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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