TaxTMI 
TaxTMI 
2005 (6) TMI 22
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....s are liable to pay the entire tax due and payable within a period of three months from the date of filing of the said declaration. On January 29,1998, the petitioners had paid Rs. 51,000 towards tax liability and a further sum of Rs. 52,000 on February 27, 1998, totalling a sum of Rs. 1,03,000. On March 26, 1998, the petitioners had paid an amount of Rs. 2,65,000 and a further sum of Rs. 1,000 on March 30, 1998. The basic dispute in the above petition is that the entire tax liability was not paid within a period of three months as contemplated under the Scheme. Mr. Bhujale learned counsel for the petitioners also fairly does not dispute that the aforesaid payments were made beyond the said period of three months. In this context it would....
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....eclarant is any other person, by that person or by some other person competent to act on his behalf. (3) Any person, who has made a declaration under sub-section (1) of section 64 in respect of his income or as a representative assessee in respect of the income of any other person, shall not be entitled to make any other declaration under that sub-section in respect of his income or the income of such other person and any such other declaration, if made, shall be deemed to be void. 67.(1) Notwithstanding anything contained in section 66 the declarant may file a declaration without paying the tax under that section and the declarant may file the declaration and the declarant may pay the tax within three months from the date of filing of th....
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....ld that there is nothing in the language of the provisions of the Scheme which would justify such a departure. On the other hand, the provisions of section 67(2) make it abundantly clear that if the declarant fails to pay the tax within the period of three months as specified the declaration filed shall be deemed never to have been made under the Scheme. In other words the consequences of non-compliance with the provisions of section 67(1) relating to the payment have been clearly and explicitly provided. The Supreme Court finally directed the Revenue authorities to refund or adjust the amounts already deposited by the assessees in purported compliance with the provisions of the Scheme, to the concerned assessees in accordance with law. Sh....