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TMI Blog2020 (3) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... had approached the ITSC for settlement of his case and an order had been passed on 22.05.2018 by the ITSC in terms of Section 245(D)(4). The petitioner had requested time to remit the tax and interest as computed by the Settlement Commission in six monthly installments and this prayer was accepted. Thus, the petitioner was directed to remit the tax and interest computed in six equal monthly installments starting from 01.06.2018 and ending on 30.11.2018. Admittedly, the scheme of payment has not been adhered to on account of, as stated by the petitioner, various difficulties in business and personal life to which I find no necessity to advert in detail. This resulted in a communication being issued by the Principal Commissioner of Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder under subsection (4) is not paid by the assessee within thirty-five days of the receipt of a copy of the order by him, then, whether or not the Settlement Commission has extended the time for payment of such tax or has allowed payment thereof by instalments, the assessee shall be liable to pay simple interest at (one and one fourth percent for every month or part of a month) on the amount remaining unpaid from the date of expiry of the period of thirty-five days aforesaid.]' 4. A computation of interest has been furnished by way of an additional counter dated 12.02.2020 to the following effect: Assessment year Demand due Interest u/s 245D(6A) till tax payment on date in col.4 Tax paid on Tax paid Tax and interest due ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the ITSC originally. 7. The judgment of the Supreme Court is extracted below: Leave granted. The surviving grievance is only with regard to the immunity from prosecution under Section 245H (1A) of the Income Tax Act, 1961 (for short, 'the said Act'), which reads as follows: 245H (1A) An immunity granted to a person under sub-section (1) shall stand withdrawn if such person fails to pay any sum specified in the order of settlement passed under sub-section (4) of Section 245D within the time specified in such order or within such further time as may be allowed by the Settlement Commission, or fails to comply with any other condition subject to which the immunity was granted and thereupon the provisions of this Act shall apply ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all stand disposed of. 8. In the present case, the facts available on record indicate that the petitioner was going through mental and personal stress and had been engaged in litigation with family members, also contributing to health issues. That apart, the entire amount of tax and interest has been remitted even during the pendency of the writ petition before this Court, which places this petitioner on a better pedestal than the petitioner before the Supreme Court, who remitted the amounts only at the stage when the matter had travelled to, and was pending before the Supreme Court. 9. Thus, in the light of the discussion as aforesaid and taking a cue from the judgment of the Supreme Court (supra), the impugned order is set aside. 10. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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