Law:

Section:

Section 89 of the Finance (No. 2) Act, 1998 - Kar Vivad Samadhan Scheme - Assessment years 1982-83 to 1988-89 and 1991-92 and 1992-93 - Petitioner was a partner in few firms - When Settlement Commission passed order under section 245D(4) in case of those firms, share income of petitioner increased - When Assessing Officer gave consequential effect by order under section 155, petitioner preferred appeals under section 246A and also filed declaration under section 89 to avail benefit of KVS Scheme - Designated authority rejected declaration in view of provisions of section 95(i)(b) and also held appeal under section 246A as not valid - Petitioner contended that firm and partners were two different entities and order passed by Settlement Commission in case of a firm could not automatically lead to conclusion that said order was passed in case of partner also - Whether in instant case section 155(1) was required to be read with section 95(i)(b) and if firm was prohibited from approaching designated authority for settlement of its tax disputes as those disputes were already resolved by Settlement Commission, partner was equally prohibited from approaching designated authority qua share income from firm - Held, yes - Whether appeal/revision filed by petitioner against order under section 155 was rightly considered as not valid appeal or revision in eyes of law, as there was no grievance as such against that order and frivolous appeal/revision had been filed only for purpose of availing benefit under KVS Scheme - Held, yes - Whether designated authority was, therefore, certainly justified in rejecting impugned declaration - Held, yes FACTS The petitioner was a partner in few firms. He filed returns declaring his share income from these firms on the basis of returns of income filed by the firms. The said partnership firms approached the Settlement Commission for settlement of their cases under section 245C for various assessment years. The Settlement Commission passed the order under section 245D(4) computing the income of the firms and allocating the same in the hands of the partners. As a result, the income of the petitioner increased. The Assessing Officer…

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