H L TANEJA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) IN this petition, petitioner is assailing the assessment made under the Kar Vivad Samadhan Scheme, 1998 (for short the "scheme") as per order (P/4), dt. 19th Feb. , 1999.

(2.) PRECISELY the submission of the petitioner in this petition is that the disputed income has been worked out on the basis of disputed tax which does not include levy of additional tax under Section 141 (2) (sic) of the IT Act, 1961.

(3.) PETITIONER has submitted that for the asst. yrs. 1994-95 and 1995-96 disputed income was worked out. Petitioner filed declaration under Section 89 r/w Section 88 of the Finance Act, 1998 for settlement of tax payable to the respondent No. 1. The total tax payable on the aforesaid amount was worked out to Rs. 2,13,310. Respondent No. 1 did not accept the aforesaid figure and determined the tax payable under Section 89 of the Finance Act, 1998 at Rs. 3,03,134. For doing so, the respondent No. 1 took into consideration the amount of the additional tax payable which was determined to be payable by the petitioner. The petitioner objected to the aforesaid working out of the tax payable by his application dt. 25th Feb. , 1999 and reminder dt. 1st March, 1999, but, there was no response. The last date for payment of the tax under the Scheme was 21st March, 1999. Consequently, petitioner has filed this petition.