1999 (8) TMI 502

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.... matters wherein 'liquid gold' had been held to be a 'chemical' and not 'gold' (in the Sales Tax matter) and in the Gold Control Act matter, it was held to be an 'article' of gold. 2. Ld. SDR, Shri K. Srivastava then brought to our notice the order passed by the designated authority under the Kar Vivad Samadhan Scheme dated 11-5-1999, in which it has been observed that the present appellants had paid Rs. 1 lakh on 26-3-1999 under the K.V.S. Scheme and on that basis, the Designated Authority has passed an order under Section 91 of the Finance Act, 1998 certifying that the declarant (present appellant) had made payment of the said amount towards full and final settlement of tax arrears determined in the order dated 15-2-1999. Further,....

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....n. Ld. SDR therefore submitted that the present appeal shall be deemed to have been withdrawn in terms of the aforementioned provisions of the Finance Act, 1998. 4. Ld. Counsel Shri A.K. Jain, submitted that when the appellants had initially deposited the aforesaid amount, the Department had not accepted the same for the reason that the payment was made beyond the time allowed i.e., thirty days as provided under Section 92. The Department had also informed the appellants that the K.V.S. Scheme was not applicable to them in their case. Ld. Counsel further submitted that subsequently the appellants had by letter dated 14-5-1999 addressed to the Commissioner stated that they had noted the contents of the Department's letter stating tha....

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....sed the order on 15-2-1999, same was received by the party only on 26-2-1999. Ld. SDR points out that the period of 30 days for depositing the amount would start from the date of receipt of the order by the declarant and not from the actual date of passing of the order by the designated authority. Since the declarant had made the deposit on 26-3-1999, the deposit was very much within the period specified in Section 92 of the Finance Act. Further, the time limit of 30 days referred to in Section 92 is applicable to the person who makes the deposit pursuant to the order of the designated authority and not to the Commissioner accepting the deposit. There is nothing in Section 92 which bars the designated authority from accepting the deposit ma....