2020 (2) TMI 1286

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....amount payable under the Kar Vivad Samadhan Scheme, 1998 without taking into consideration the interest amount computed under Section 220(2) of the Income Tax Act, 1961 ("the Act" for short). 3. A brief recital of facts is considered necessary. 4. Petitioner, an individual, had filed return of income for the assessment year 1980-81 on 10.9.1980. Assessment was completed under Section 143(3) of the Act vide order dated 21.1.1982 determining total income at Rs. 36,260.00 5. The assessment order was rectified under Section 155 of the Act vide rectification order dated 6.3.1984 revising total income at Rs. 36,600.00. 6. Subsequently, a notice under Section 148 of the Act was issued to the petitioner dated 28.3.1998 seeking reopening....

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....nder the scheme at Rs. 2,25,839.00 being the aggregate of 50% of the penalty and interest under Section 220(2) of the Act. It is stated that there was clerical error in computing the interest whereafter the amount was aggregated at Rs. 2,22,862.00. 12. Though petitioner objected to levy of interest under Section 220(2) of the Act, there being no specific order for levy of interest, nonetheless to show his bonafide, the amount due as per the scheme i.e Rs. 2,22,862.00 was paid which was intimated to the authority on 13.3.1999. Thereafter, the present writ petition has been filed seeking the reliefs as indicted above. 13. An affidavit in reply has been filed by Smt. Rajlaxmi Krishnamurthy, Assistant Commissioner of Income Tax (Officer o....