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Y. Venugopala Reddy Vs. Commissioner of Income Tax and anr.

Court : Karnataka

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 88 and 140A

Reported in : (2003)183CTR(Kar)260

preferred further appeal to the Tribunal and that appeal is pending. 4. When the matter stood thus, the Finance (No. 2) Act, 1998 (hereinafter referred to as 'Finance Act'), introduced the scheme called Kar Vivad Samadhan Scheme (for short 'the scheme'). … 31st Jan., 1999. The appellant in order to evaluate the benefits of the scheme filed a declaration under Section 88 of the scheme on 3rd Dec., 1998, before the CIT, Karnataka-IT, Bangalore, the first respondent herein who is

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, … in arrears could approach for the settlement of the dispute in accordance with the provisions of this Act. Section 88 provides for settlement of tax payable in respect of tax arrears and there is no dispute between the

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 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 … the Samadhan Scheme does not contemplate the demand of interest under Section 220(2) of the Income-tax Act and Section 88(a)(iv) of the Samadhan Scheme does not authorise levy of both interest and penalty. It is also stated that

Deoneria Cold Storage and Ice Factory Vs. Commissioner of Income-tax a ...

Court : Allahabad

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 88; Indian Post Office Act, 1898 - Sections 3

Reported in : (2003)184CTR(All)39; [2003]260ITR315(All)

and was applicable till January 31, 1999. This scheme provided for settlement of disputed arrears of tax, etc. Section 88 of the aforesaid Finance (No. 2) Act of 1998, states as follows :'Subject to the provisions of this … annexed as annexure 3 to the petition.3. The Central Government issued the Kar Vivad Samadhan Scheme under the Finance (No. 2) Act, 1998, which came into force from September 1, 1998, and was applicable till January 31, 1999. This scheme provided

M.M. Bhatia (Huf) and ors. Vs. Commissioner of Income-tax

Court : Karnataka

Subject : Direct Taxation

Acts : Income-Tax Act, 1961 - Sections 132 and 132A; Finance (No. 2) Act, 1998 - Sections 88

Reported in : [2002]257ITR422(KAR); [2002]257ITR422(Karn); [2002]123TAXMAN1088(Kar)

assessment - Sections 90, 132 and 132 A of Income-tax Act, 1961 and Section 88 of Finance (No.2) Act, 1998 - assessee filed petition to direct respondent to modify tax issued under Section 90 (1) that petitioners only

Smt. Epari Amaravati Vs. Commissioner of Income Tax and ors.

Court : Orissa

Subject : Direct Taxation

Reported in : [2001]246ITR108(Orissa)

parties,2. The Commissioner on the basis of a declaration made by the petitioner under section 88 of the Finance (No. 2) Act, 1998, has determined a sum of Rs. 75,000 under section 90(1) of the aforesaid Act towards the full and

Gopal Films Vs. Deputy Commissioner of Income-tax and ors.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 264; Constitution of India - Article 226; Finance (No. 2) Act, 1998 - Sections 88, 95 and 143(1)

Reported in : (1999)155CTR(Kar)428; ILR1999KAR1857; [1999]237ITR655(KAR); [1999]237ITR655(Karn)

Vivad Samadhan Scheme, 1998 ('the Scheme', for short), was introduced with effect from September 1, 1998, by the Finance (No. 2) Act, 1998, for settling tax arrears, locked in litigation, at a substantial discount. Section 88 enables any person to make

Wilson Diesels (P) Ltd. Through Its Partner Sri Pramod Kumar Agarwal V ...

Court : Allahabad

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11A and 35C(2); Central Excise Rules, 1944 - Rules 9(2), 52A, 173Q, 173Q(2), 209A, 226 and 1226; Finance (No. 2) Act, 1998 - Sections 88, 89, 90(1), 92 and 97(1); Kar Vivad Samadhan Scheme Rules, 1998; ; Kar Vivad Samadhan Scheme (Removal of Difficulties) Order, 1998; Excise Law; Direct Tax Law

Reported in : (2005)197CTR(All)347; 2005(185)ELT350(All)

under Section 90{1} of the said Act was issued on 10th February, 1999, under Section 88(f) of the Finance (No. 2) Act, 1998. Designated authority determined the duty payable to Rs 2,32,135/- and the penalty of Rs. 2,00,000/- was waived. The

S. Shaffi Musaliar Vs. Commissioner of Income-tax

Court : Kerala

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 88, 90 and 90(1); Income Tax Act - Sections 220(2), 234(B) and 234(C)

Reported in : [2009]183TAXMAN68(Ker)

should be reopened under the Karvivad Samadhan Scheme. In this connection, we refer to Section 90 of the Finance (No. 2) Act, 1998 (Ext. P1) which reads as follows:90. Time and manner of payment of taxarrear. - (1) Within sixty days … of payment of taxarrear. - (1) Within sixty days from the date of receipt of the declaration under Section 88, the designated authority shall, by order, determine the amount payable by the declarant in accordance with the provisions