Law:

Section:

Section 95 of the Finance (No.2) Act, 1998 - Kar Vivad Samadhan Scheme - Assessment year 1993-94 - Whether once delay has been condoned, it relates back to date of filing of appeal and is treated to have been filed within limitation and, thus, would be treated as pending - Held, yes - Commissioner (Appeals) confirmed assessment order of assessee-firm by its order dated 24-10-1995 - Assessee filed appeal against said order before Tribunal on 31-1-1996 along with an application for condonation of delay in filing same - In meantime Central Government introduced Kar Vivad Samadhan Scheme, 1998 - Assessee taking advantage of scheme filed application for settlement of its tax liability and filed its declaration accordingly - Commissioner, however, rejected said claim on ground that no appeal was pending before Tribunal on date of filing of declaration - Pursuant to direction of High Court Tribunal allowed application of assessee for condonation of delay - Whether since delay had been condoned by Tribunal, appeal would be said to be pending before Tribunal on date when a declaration was filed and, therefore, order of Commissioner could not be sustained - Held, yes FACTS The Commissioner (Appeals) by its order dated 24-10-1995 confirmed the assessment order of the assessee-firm. The assessee filed appeal against the said order before the Tribunal on 31-1-1996 along with an application for condonation of delay in filing the same under section 5 of the Limitation Act. In the meantime, the Central Government introduced the Kar Vivad Samadhan Scheme, 1998. Under the Scheme, settlement of taxes was provided under certain circumstances. The assessee taking advantage of the Scheme filed an application on 22-12-1998 for settlement of its tax liability. The Commissioner, however, rejected the said applica- tion on the ground that on the date of declaration no appeal was pending before the Tribunal. HELD From a perusal of the provisions of section 95 it would be seen that the Scheme would not apply in a case where no appeal is admitted and pending before any Appellate Authority. [Para 6] From a catena of decisions of the Apex Court, the following principles emerge:- (i )The…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492