Law:

Section:

Section 90 of the Finance (No. 2) Act, 1998 - Kar Vivad Samadhan Scheme, 1998 - Assessee, a regular taxpayer, wanted to avail of benefit under Kar Vivad Samadhan Scheme, 1998 - Scheme required payment of determined amount within thirty days after communication of required amount to assessee - Assessee was communicated about his liability - On last day of making payment (Saturday), assessee went to income-tax office to make payment but it was not accepted and he was informed that payment was to be made in a nationalised bank - On next working day, assessee made payment by challan in a nationalised bank - Assessee claimed one-time full settlement - Commissioner disallowed it on ground of not making payment within time - Whether provisions of section 90 have to be read flexibly in interest of assessees to permit genuine explanations - Held, yes - Whether, on facts, said order of Commissioner was to be quashed and set aside with direction to issue clearance certificate to assessee - Held, yes Interpretation of statutes - Rule of beneficial construction FACTS The assessee, a regular income-tax payer, wanted to avail of the benefit under the Kar Vivad Samadhan Scheme, 1998. The scheme required payment of determined amount to be made within thirty days after the required amount was communicated to the assessee. In the event the amount was so paid, it was accepted as one-time full settlement. On 10 12 1998, the assessee was communicated about his liability and the last date for making the payment was 9-1-1999. On the last day, which was Saturday, the assessee went to income-tax office for making the payment. On learning the fact from authority that the payment was to be made in a nationalised bank, the assessee made payment on next working day, that is, on 11-1-1999, which was Monday. The assessee claimed for one-time full settlement. The Commissioner rejected the claim vide order dated 28-1-2000 on the ground that the payment was not made within time. On writ : HELD The provisions of section 90(2) of the Finance (No. 2) Act, 1998, undoubtedly require the declarant to make the payment within thirty days from the passing of the order made by the designated authority.…

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