1999 (12) TMI 17

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rtiorari for quashment of the order dated September 7, 1999 (annexure P-7), and further to issue a writ of mandamus against respondent No. 1, Commissioner of Income-tax, to accept the declaration made under section 88(1) of the Kar Vivad Samadhan Scheme, 1998. It is averred in the writ petition that the petitioner made a declaration on December 31, 1998, under the Wealth-tax Act, 1957. The Commis....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....at the amount has to be paid within 30 days from the date of communication of the order passed by the Commissioner and, therefore, the application was within time. It is also stated in the petition that if the date of passing of the order is accepted to be the relevant date, the petitioner could have deposited the amount on March 25, 1999, but that was a bank holiday and the amount was deposited o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....een condoned by the competent authority and the declaration should have been accepted. In support of his contention, he has placed reliance on the decision of the Punjab and Haryana High Court in the case of Smt. Laxmi Mittal v. CIT [1999] 238 ITR 97. Though Shri Nema initially contended that the limitation has to be computed from the date of communication of the order, and not from the date of p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dia has itself issued a circular dated September 3, 1998. By this circular, it has been, inter alia, provided by the Board that the period for calculating interest will be 90 days from the date of declaration. If the 90th day happens to be a bank holiday, payment on the 91st day, being the next working day, would be valid. Thus, it is clear that section 67 does not embody a totally inflexible rule....