Law:

Section:

Section 88 of the Finance (No. 2) Act, 1998 read with section 245 of the Income-tax Act, 1961 - Kar Vivad Samadhan Scheme - Assessment year 1982-83 - For relevant assessment year, assessment in assessee's case had been completed - Subsequently, Assessing Officer modified said order under section 155 and adjusted refunds that were due to assessee for assessment year 1984-85 towards tax liability for assessment year 1982-83 - Thereafter, assessee filed an application before designated authority to take benefit under provisions of Kar Vivad Samadhan Scheme, 1998 - As on date of filing of application only interest portion was payable towards tax for reason that whatever tax was payable by assessee had already been adjusted by assessing authority while passing order under section 155, designated authority granted relief of only interest payable by assessee - Whether when assessee, having filed application challenging correctness or otherwise of order making adjustment by assessing authority, had not taken any steps to get that application disposed of by concerned authority, it would mean that order passed by assessing authority had become final - Held, yes - Whether therefore, designated authority was justified in granting relief only under sub-section (iv) of section 88(a) - Held, yes Section 245 of the Income-tax Act, 1961 - Refund - Set off of against tax remaining payable - Assessment year 1982-83 - Whether order passed by Assessing Officer adjusting refunds that were due to assessee for assessment year 1984-85 towards tax liability for assessment year 1982-83, allegedly, without informing assessee could be an illegal or on irregular order, but it could not be said to be a void order or a nullity in eyes of law - Held, yes FACTS The Assessing Officer had completed the assessee's assessment for the assessment year 1982-83. Subsequently, he passed an order under section 155 and adjusted refunds that were due to the assessee for the assessment year 1984-85 towards tax liability for the assessment year 1982-83. Thereafter, the assessee, in order to take the benefit under the provisions of the Kar Vivad Samadhan Scheme, 1998, had filed an application before the…

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