VIJAY OMPRAKASH BANSAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) HEARD Mr. N. S. Bhattad , learned Advocate for petitioner and Mr. Anand Jaiswal , learned Advocate for respondent. Rule, made returnable forthwith. Reply has been filed by the respondent. Petition and reply perused and submissions of both the counsel are heard.

(2.) THE petitioner herein is assessed to income tax for a number of years and he wanted to avail of the benefit under the Kar Vivad Samadhan Scheme 1998. Under that Scheme, the assessee is required to make payment of the required amount (which is stated to be around 30% of the full assessment) within a period of thirty days after the required amount is communicated to the assessee . In the event the amount is so paid it is accepted as a One time Full settlement. In the instant case, the petitioner was communicated that under the said Scheme, his liability will be Rs.2,18,451/ . This intimation was given to him on 10th December, 1998. The last date for making payment was 9.1.1999. On 9.1.1999 the petitioner went to the Income tax Department to deposit the amount only to learn that the payment is to be made in a nationalized bank. 9.1.1999 was Saturday and, therefore, he made the payment on 11.1.1999 by a challan in a nationalized Bank. The respondent rejected the claim of the petitioner for one time settlement on the ground that the payment was not made within time. Before rejecting the claim, a notice dated 3.11.1999 was issued and then the rejection order was passed on 28.1.2000. The petitioner did not file any reply to the said notice, but has chosen to file this petition.

(3.) SECTION 90 of the Kar Vivad Samadhan Scheme, 1998 is the relevant section and particularly, sub sections (1) and (2) thereof. These two sub sections of Section 90 read as under :