MANGILAL S JAIN Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) PETITIONER, an assessee under the IT Act, 1961 ('the Act' for short), sought to avail of the benefits of the Kar Vivad Samadhan Scheme, 1998 ('the Scheme' for short), as formulated by finance (No, 2) Act of 1998.

(2.) THE brief facts leading to the filing of the above petition which are not in dispute are that the assessee had invoked the provisions of the Scheme, that determination of the amount payable under Section 88 of the Scheme had been made and communicated to the assessee and that the assessee paid the amount six days beyond the permitted period of thirty days as is required under sub-section (2) of Section 90 of the Scheme. The CIT, Hubli, the designated authority to pass orders and issue certificates as contemplated under Sub-section (2) of Section 90 of the Scheme having noticed that the payment had been made six days beyond the permitted time of thirty days, having declined to issue the certificate contemplated under Sub-section (2) of Section 90 of the Scheme as per his order dt. 10th Feb. , 2003 (copy at Annex.-B) petitioner is before this Court questioning the legality of this communication at Annex.-B.

(3.) SRI M. V. Javali, learned counsel appearing for the petitioner, has put forth several contentions urging that the impugned order is not one valid in the eye of law and requires to be quashed and that a direction is to be issued to the designated authority to accept the amount of tax that the petitioner has paid and for issuing a certificate contemplated under Sub-section (2) of Section 90 of the Scheme.