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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 … made the payment of the tax amount as determined under Section 90, the assessee enjoyed the immunity under Section 91. In the circumstances, it was no longer open to the Tribunal to deal with the Revenue's appeal on

Killick Nixon Ltd., Mumbai Vs. Deputy Commissioner of Income Tax, Mumb ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Constitution of India - Article 226; ;Income Tax Act, 1961 - Sections 142(1) and 143(3); ;Finance (No. 2) Act, 1998 - Sections 87, 88, 89, 90, 90(1), 90(3), 91 and 94

Reported in : AIR2003SC312; (2002)178CTR(SC)387; [2002]258ITR627(SC); 2003(2)MhLj729; 2003MPLJ236(SC); (2003)1SCC145; 2003(2)LC804(SC)

9,35,888.00 was paid by the appellant on 12.02.1999 upon which a final certificate under Section 92 read with Section 91 of the Finance (No. 2) Act, 1998 and the KVSS, 1998 was issued certifying that the appellant had … the meanwhile, Kar Vivad Samadhan Scheme, 1998 (herein after referred to as KVSS) was brought into effect by Finance (No. 2) Act, 1998. The appellant filed a declaration under the KVSS on 20.11.1998 disclosing its assessed income as Rs. 33,65,298.00 and

Tvs Motor Company Ltd., (Formerly Known as Tvs Suzuki Ltd.), Rep. by I ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80HH, 88, 143 and 148; Kar Vivad Samadhan Scheme Finance (No. 2) Act, 1998 - Sections 90, 90(1), 90(3) and 91; Constitution of India - Article 226

Reported in : (2007)209CTR(Mad)334; [2007]293ITR394(Mad)

the Act by the impugned order dated 27.3.2003. 2.3. Under Section 90(3) of the Kar Vivad Samadhan Scheme (Finance ( No. 2) Act, 1998), the sum determined under the Scheme is conclusive and no matter covered by such order shall reopened. The … tax arrears. Once the declarant makes payment of the amount so determined under Section 90, the immunity under Section 91 springs into effect. We are also of the view that upon such declaration being made, tax arrears being

Akkammal Steels Pvt. Ltd., Rep. by Its Director K. Venkatesh, Coimbato ...

Court : Chennai

Subject : Excise

Acts : Companies Act ; Central Excise Act; Finance Act, 1998 - Sections 88, 90, 90(2), 90(3), 90(4), 91 and 95

Reported in : 2002(150)ELT48(Mad)

full and final settlement of Tax Arrears in accordance with Section 90(2) read with Section 91 of the Finance (No.2) Act, 1998.3. Under the Compounded Levy Scheme introduced by Section 3-A of the Central Excise Act, the Commissioner of Central

Hira Lal Hari Lal Bhagwati Vs. C.B.i., New Delhi

Court : Supreme Court of India

Subject : CustomsCriminal

Acts : Code of Criminal Procedure (CrPC) - Sections 245 and 482; Constitution of India - Article 227; Indian Penal Code (IPC), 1860 - Sections 120B, 166 to 177 and 378 to 462; Customs Act, 1962 - Sections 28, 111, 112A and 130E; Finance (No. 2) Act, 1998 - Sections 90(2), 90(4) and 91; Wealth Tax Act, 1957; Gift Tax Act, 1958; Income Tax Act, 1961; Interest Tax Act, 1974; Expenditure Tax Act, 1987; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Foreign Exchange Regulation Act, 1973; Narcotic Drugs and Psychotropic Substances Act, 1985; Terrorists and Disruptive Activities (Prevention) Act, 1987; Prevention of Corruption Act, 1988

Reported in : AIR2003SC2545; 2003(2)ALD(Cri)292; 2003(2)ALT(Cri)142; 2003(51)BLJR1697; 2003CriLJ3041; 2003(3)CTC356; (2003)182CTR(SC)1; 104(2003)DLT699(SC); 2003(87)ECC473; 2003(155)ELT4; (2003) 5 SCC 257

5[b]). this certificate has been issued forfull and final settlement of tax arrears under Section 90(2) read with Section 91 of theFinance (No. 2) Act, 1998 in respect of Kar Vivad Samadhan Scheme, 1998. Beforeissuing the certificate, the … Our attention was also drawn to the Text of the Kar Vivad SamadhanScheme, 1998, under Chapter IV of Finance (No.2) Act, 1998. Our attention wasalso drawn to Sections 86 to 98 of the said Scheme which are relevant for thepresent

A.M. Sainalabdeen Musaliar Vs. Commissioner of Income Tax and anr.

Court : Kerala

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 90(2) and 91; Income Tax Act, 1961 - Sections 154, 220(2), 222, 234A, 234B and 234C

Reported in : (2006)200CTR(Ker)585; [2006]282ITR362(Ker)

1992-93. According to the petitioner, first respondent issued Ext. P7 under Section 90(2) r/w Section 91 of the Finance (No. 2) Act, 1998, demanding a total amount of Rs. 3,31,120 which was paid by the petitioner in full and final settlement

Marigold Engineers (P) Ltd. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 91 and 93

Reported in : (2004)191CTR(P& H)103; [2005]274ITR17(P& H)

him under the Kar Vivad Samadhan Scheme, 1998 (for short 'the Scheme'), enacted under Chapter VI of the Finance (No. 2) Act, 1998 (for short 'the Act').2. The petitioner had filed a declaration dt. 14th Dec., 1998 (Annex. P-2), under Section … basis of the said declaration, CIT, Rohtak, the designated authority, issued a form of certificate of intimation under Section 91 of the Act, dt. 23rd Feb., 1999 (Annex. P-3). This intimation was accompanied by the calculations whereby the

Commissioner of Income Tax Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : CivilDirect Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 90(2) and 91; Income Tax Act, 1961 - Sections 256

Reported in : (2003)179CTR(Raj)209

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 … Jaipur/designated authority, was issued a certificate for full and final settlement of tax arrears under Section 90(2) r/w Section 91 of the Finance (2) Act, 1998.5. In view of this undisputed factual position, we are satisfied that on

Mr. A. Ramamurthy Vs. the Income Tax Officer

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 143 and 155; Finance (No. 2) Act, 1998 - Sections 90, 90(1) and 91

Reported in : (2009)222CTR(Mad)414

learned Counsel appearing for the appellant contended that by virtue of Clause 90(3) and Clause 92 of the Finance (No. 2) Act, 1998, under which the Kar vivad Samadhan Scheme was introduced, any issue in respect of which a declarant has … tax arrears. Once the declarant makes payment of the amount so determined under Section 90, the immunity under Section 91 springs into effect. We are also of the view that upon such declaration being made, tax arrears being

M. Natarajan Vs. State by Inspector of Police, Spe, Cbi, Acb Chennai

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 120B, 420, 467, 468 and 471; Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Finance Act, 1998 - Sections 86 to 98; Indirect Tax Act; Direct Tax Act; Conservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974; Kerala Sales Tax Act; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Central Excise Tariff Act, 1986; Code of Criminal Procedure (CrPC) - Sections 239, 245 and 482; Customs Act, 1962 - Sections 28, 90(1), 127H, 132 and 136; Constitution of India - Article 246; Wealth Tax Act, 1957; Gift Tax Act, 1958; Income Tax Act, 1961; Interest Tax Act, 1974; Expenditure Tax Act, 1987

Reported in : (2008)217CTR(SC)1; 2008(120)ECC141; 2008(156)LC141(SC); 2008(226)ELT679(SC); JT2008(6)SC451; 2008(8)SCALE290; (2008)8SCC413; (2008)3SCC(Cri)507.

of the car, secondly in a scheme, namely, Kar vivad Samadhan Scheme, 1998 (KVSS) floated vide Finance Act No. 2 of 1998 which commenced from 1.9.1998, it was clearly provided that if a tax- payer settles his dues … but also against each and every person connected with the transaction were covered in the immunity provided under Section 91 of the Act. Our attention was further invited to the judgment of this Court in K.C. Builders and