BALAJI FINANCE Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) Since common issues are involved in these writ petitions, they were taken together and disposed of by means of a common order.

(2.) The Petitioners are income-tax Assessees. Under the Finance Act, 1998 (hereinafter referred to as the Act) in Chapter IV, a scheme known as "Kar Vivad Samadhan Scheme, 1998" was introduced. The said scheme came into force from 1st Sept., 1998. As per the said scheme, for settlement of tax payable, an Assessee is required to submit a declaration under Section 88 of the Act. Section 89 of the Act speaks of the particulars to be furnished in the said declaration. Section 90 of the Act which is relevant for the issues involved in these writ petitions speaks of time and manner of payment of tax arrears. Sub-sections (1) to (4) of the Section 90 of the said Act read as follows:

(3.) To get the benefits of the said scheme, the Petitioners submitted their individual declarations on 30-11-1998 and all the said declarations were received by the 2nd Respondent on 9-12-1998. Thereafter, as required under Section 90(1) of the Act, appropriate certificates were issued by the 2nd Respondent on 5-2-1999 in respect of the declaration in Writ Petn. No. 22151 of 2001, on 4-2-1999 in respect of Writ Petn. Nos. 22150 and 22326 of 2001. The determined and demanded amounts were paid by the Petitioners on 1-3-1999 in respect of the certificates in Writ Petn. Nos. 22151 of 2001 and 22150 of 2001. The demanded amount was paid on 27th Feb., 1999 in respect of the certificate relating to Writ Petn. No. 22326 of 2001. Thus, the Petitioners complied with the payment within the time stipulated in the scheme.