COMMISSIONER OF INCOME TAX Vs. UNION OF INDIA
LAWS(RAJ)-2002-11-5
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on November 18,2002

COMMISSIONER OF INCOME TAX Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

S.K.KESHOTE, J. - (1.) THESE IT references between the parties are in respect of asst. yr. 1988-89 arising out of the IT Ref. No. 1349/Jp/1991 and 1387/Jp/1994.
(2.) ON the request of the assessee and the Revenue, by common order, the Tribunal made reference to as many as six questions for the opinion of the Court. The assessee in the IT references, filed an application and prayed that the references in the facts and substance enumerated therein have become infructuous. Prayer is made in the application for disposal of these references in terms of "Kar Vivad Samadhan Scheme, 1998 (KVSS)." Learned counsel for the Revenue submitted that it is not in dispute that the Government of India introduced "Kar Vivad Samadan Scheme, 1998 (KVSS)", by the Finance (2) Act, 1998. It is also not in dispute that the assessee in accordance with this Scheme made a declaration on 24th Dec., 1998, under S. 89 of the Finance (2) Act, 1998, to the designated authority, CIT, Jaipur. It is also not in dispute that the designated authority issued a certificate of intimation under S. 90(1) of the Finance (2) Act, 1998, determining the amount payable at Rs. 71,923 for the said asst. yr. 1988- 89, learned counsel for the Revenue also does not dispute that the assessee has deposited this amount of Rs. 71,923.
(3.) SHRI R.B. Mathur, learned counsel for the assessee also is in agreement that the assessee having fully complied with all the terms and conditions put by the CIT, Jaipur/designated authority, was issued a certificate for full and final settlement of tax arrears under S. 90(2) r/w S. 91 of the Finance (2) Act, 1998.;


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