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Dr. (Mrs.) Renuka Datla and ors. Vs. Commissioner of Income Tax, Karna ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 87, 88, 89, 95 and 95(1); Income Tax Act, 1961 - Sections 143(3), 234A, 234B, 234C, 243A, 243B, 243C and 271(1)

Reported in : AIR2003SC839; (2003)179CTR(SC)218; [2003]259ITR258(SC); (2003)2SCC19; [2002]SUPP5SCR166

to briefly as 'the Scheme').2. The scheme was introduced by and is contained in Chapter IV of the Finance (No. 2) Act, 1998 (referred to hereafter as the Act). It was in force between 1st September, 1998 and 31st January 1999. … September, 1998 and 31st January 1999. Briefly, the scheme permits the settlement of 'tax arrears' as defined in Section 87(m) of the Act. The relevant extract of the definition reads:'tax arrears' means,-(i) in relation to direct tax enactment,

Dr.S.Jagatrakshagan Vs. the Deputy Commissioner of Income Tax

Court : Chennai

Subject : Constitution

Acts : Finance (No.2) Act, 1998 - Section 90, 91, 87, 92, 88, 90(1); Kar Vivad Samadhan Scheme, 1998; Constitution of India - Articles 14

of assessees, i.e. the litigating assessees in arrears and the definition of tax arrears in clause (m) of Section 87 of the Finance (No.2) Act, 1998, particularly with reference to the appeal filed at the instance of the … of Income Tax, the Designated authority passed an order in terms of Section 90 of the Finance (No.2) Act, 1998 treating the final settlement of tax arrears at Rs.5,88,684/-. It is a matter of record that in respect

Rajam Pictures Circuit and ors. Vs. Commissioner of Income-tax and ors ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 220 and 220(2); Finance (No. 2) Act, 1998 - Sections 87 and 88

Reported in : (1999)156CTR(Mad)392; [2000]241ITR735(Mad)

of the Scheme. Learned senior counsel submitted that the Scheme is a statutory one forming part of the Finance (No. 2) Act, 1998 and it is neither open to the Income-tax Department, nor to the assessee to go against the provisions … to the definitions of few terms found in the Samadhan Scheme. The words, 'disputed income' is defined under Section 87(e) of the Samadhan Scheme as under (see [1998] 232 ITR 80) : ' 'disputed income' in relation to

Brij Bhushan Lal and Sons Vs. Designated Authority

Court : Allahabad

Subject : Direct Taxation

Reported in : (2001)165CTR(All)137; [2001]246ITR353(All)

on the date of the declaration, i.e., 31-12-1998.2. The petitioner's case is that by section 89 of the Finance (No. 2) Act, 1998, a scheme for settlement of tax disputes was introduced and the petitioner, which is a Hindu undivided family, … make a declaration and no settlement. can be made under the scheme. 'Tax arrear' has been defined in section 87 to mean in relation to direct tax enactment, the amount of tax penalty or interest determined on or

M.V. Ganesh, Lr of Late M.S. Viswambharan Vs. Commissioner of Income T ...

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 155 and 245; Finance (No. 2) Act, 1998 - Sections 87 and 88; Wealth Tax Act; Gift Tax Act

Reported in : (2009)221CTR(Ker)83; [2009]310ITR183(Ker); [2009]181TAXMAN227(Ker)

Scheme has come into existence on 1st Sept., 1998. The definition clauses contained in Section 87 of the Finance (No. 2) Act, 1998 ('Finance Act' for short), would define the words 'declarant', 'designated authority', 'disputed chargeable interest', 'disputed income', 'disputed tax'

Union of India and anr. Vs. Ms Nitdip Text. Processors Pvt. Ltd. and o ...

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution Of India - Article 226, 14; Finance (No.2) Act, 1998 - Section 87(m)(2) (b), 88, 89, 95, 98; Central Excise Act, 1944 - Section 14, 11A, ; Central Excise Rules, 1944 - Rule 173 Q, Section 209 A; Income Tax Act, 1961 - Section 297(2), 297(g); General Clauses Act, 1897, - Section 6

Reported in : 2011(4)KLT134(SN); 2012(1)SCC226; 2012(2)SCJ617; AIR2012SCW2723; 2012(2)KCCR61SN

The High Court, vide its impugned Judgment and Order dated 25.07.2005, has declared that Section 87(m)(ii) (b) of Finance (No.2) Act, 1998 is violative of Article 14 of the Constitution of India insofar as it seeks to deny the benefit

Narula Traders Vs. Commissioner of Income-tax and anr.

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 87, 88 and 89; Income Tax Act, 1961 - Sections 154, 155, 220(2) and 234C

Reported in : (2003)184CTR(P& H)57; [2003]262ITR78(P& H)

of Income-tax, Patiala (respondent No. 1), treating the declaration filed by the petitioner under Section 89 of the Finance (No. 2) Act, 1998, as non est. The other prayer made in the petition is for issuance of a direction to allow … Section 89 in respect of tax arrear outstanding against him. The term 'tax arrear' has been defined under Section 87(m) of the Finance (No. 2) Act, 1998, as per which it means, in relation to a direct tax

Killick Nixson Limited Vs. the Dy. Commissioner of Income Tax and anr.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 142(1) and 143(3); Finance Act, 1998 - Sections 87, 88, 89, 90, 90(1), 90(3), 94 and 95

Reported in : (2001)165CTR(Bom)280; [2001]248ITR17(Bom)

under the Kar Vivad Samadhan Scheme (hereinafter, for the sake of brevity, referred to as 'K.V.S.S.') introduced by Finance (No. 2) Act, 1998 determining the total income of the assessee - petitioner at Rs. 33, 65, 298 = 00.? In short, … Court in this Writ Petition is : Whether the A. O. was authorised and empowered to proceed under Section 142(1) of the Income Tax Act in respect of assessment year 1992-1993 after the Designated Authority passed an … following Sections of K. V. S. S. are required to be quoted.Section 87.'87. In this Scheme, unless the context otherwise requires,- (a) ........ (b) ........

All India Federation of Tax Practitioners Vs. Union of India

Court : Delhi

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998, Sections 87 and 92; Constitution of India, Article 14 and Entry 82, List I of Seventth Schedule

Reported in : (1999)151CTR(Del)1; [1998]236ITR1(Delhi); [1998]101TAXMAN401(Delhi)

Matched in: Citation (1999)151CTR(Del)1; [1998]236ITR1(Delhi); [1998]101TAXMAN401(Delhi)

Shatrushailya Digvijaysingh Jadeja Vs. Commissioner of Income-tax

Court : Gujarat

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 86, 87, 88, 89, 90, 93, 95 and 98; Income-tax Act, 1961 - Sections 140A and 264; Wealth-tax Act, 1957

Reported in : [2003]259ITR149(Guj)

India promulgated the Kar Vivad Samadhan Scheme (hereinafter referred to as 'the Scheme' or 'the KVSS') through the Finance (No. 2) Act, 1998, as contained in Sections 86 to 98 of the said Act. The scheme came into force from September … It shall come into force on the 1st day of September, 1998. 87. Definitions.--In this Scheme, unless the context otherwise requires,-- (f) 'disputed tax' means … the petitioner had preferred first appeals before the Commissioner of Income-tax (Appeals), but as the self-assessment tax under Section 140A was not paid, the appeals were not entertained by the said appellate authority in the years 1992