KHILDAS AMULMAM BHAVNANI Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Rule. Service of rule is waived by learned counsel Mr.M.R.Bhatt for the respondent. Upon joint request and considering the nature of controversy involved, the matter is taken up for final hearing today itself.

(2.) The only short question which requires to be determined and adjudicated upon in this petition under Article 226 of the Constitution of India is as to whether the impugned order dtd.22.7.1999 and resultant rejection of the benefit of Kar Vivad Samadhan Scheme 1998 ( KVSS ) to the petitioner and refusing to issue necessary certificate under KVSS is vulnerable.

(3.) In view of the KVSS which was introduced by Finance (No.2) Act, 1998 in Chapter IV of Finance Act, the petitioner assessee made a declaration as required under Sec.88 on 7.9.1998 which came to accepted by the respondent authority on 12.1.1999 under Sec.90 (1). Petitioner therefore came to be directed to make payment within a period of 30 days under Sec. 90(2) of the Scheme. The amount which petitioner came to be directed in Form No.2 (A) under Rule IV (a) KVSS Rule 1998 came to Rs.2,45,042.00 and that order came to be served on assessee on 23.1.1999. Thereafter, assessee went on depositing the amount as per the direction on different dates.