INJECTO PLAST Vs. UNION OF INDIA

JUDGEMENT

(1.) CHALLENGE in the present writ petition is the order dated 25 -2 -1999 passed by the Commissioner of Income Tax and Designated Authority, under Kar Vivad Samadhan Scheme, 1998 (hereinafter referred to as KVSS) whereby a sum of Rs. 13,75,133/ - has been determined as amount payable at the rate of 35% by the petitioner in view of declaration filed by it under KVSS. The said order has been passed under Section 90(1) of KVSS.

(2.) FACTS of the case lie in a narrow compass Raising a short controversy as to whether the amount deposited by the petitioner before the date of declaration in pursuance of the assessment order, which is subject matter of appeal, is liable to be adjusted towards the tax due first or towards the accrued interest, the present petition has been filed.

(3.) A counter affidavit has been filed stating that the return of income was filed on 12 -8 -1994 and not on 12 -7 -1994, that against total demand of Rs. 73,50,795/ -, the petitioner made payment by two separate challans, one for interest amounting to Rs. 17,50,291/ - and the other for tax amounting to Rs. 25,73,069/ - on 28 -4 -1997. It has been further stated that adjustment of the aforesaid amount i.e. Rs. 17,50,291/ -+Rs.25,73,069/ -=Rs. 43,23,360/ - was not towards 'tax paid' but towards 'demand paid'. In other words, in the counter affidavit, the computation part of the impugned order has been sought to be justified by giving necessary details.