TaxTMI 
TaxTMI 
2024 (1) TMI 1559
X X X X Extracts X X X X
X X X X Extracts X X X X
....ty, any assessee who is in arrears of surcharge on any other amount relating to the period up to and including 30.06.2017, may opt for settling the arrears by availing complete reduction of penalty amount, interest etc. The relevant clauses of the Scheme are reproduced hereunder:-- "23B. Reduction of arrears in certain cases.-(1) Notwithstanding anything contained in this Act or rules made thereunder or in any judgment, decree or order of any court, tribunal or appellate authority, any assessee, who is in arrears of tax or any other amount due under this Act or under the Central Sales Tax Act, 1956 (Central Act 74 of 1956),- (i) in case of demands relating to the period up to and including 31st March, 2005, may opt for settling the arrears by availing a complete reduction of the penalty amount, interest on the tax amount and on the penalty amount, on payment of, - (a) fifty per cent of the principal amount of the tax in arrears; or (b) forty per cent of the principal amount of the tax in arrears, if the amount is paid in lump sum within thirty days of receipt of intimation of the assessing authority. (ii) in case of demands rel....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tled under Section 37B(6) which contemplates that arrears are to be calculated on the date of submission of option of availing the benefit of the Scheme by an assessee. 5. From reading of subsections 6 and 8, the following ingredients would emerge : An assessee should be in arrears of tax, interest, penalty, surcharge on the date of submission of the option, and if the assessee has remitted some amount towards the discharge of the arrears of tax, interest, penalty etc., after service of notice, such amount should be given credit as tax. Thus after the demand notice has been served, the petitioner has paid any amount may be tax, interest, penalty, surcharge etc., the said amount is to be treated as tax amount for the purposes of giving the benefit. However, the proviso qualifies Subsection 8 and if any amount after service of notice is paid towards penalty or interest, it should not given credit as tax. 6. If an assessee is not in arrears of tax in respect of any assessment year upto 31.03.2020, the amount paid by such an assessee towards discharge of liability upto 31.03.2020 cannot be taken into account for future liabilities of the petitioner under the Scheme. 7. The ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e within a period of 15 days from the date of the order ie., 05.11.2008. The petitioner disputed the figure of Rs.5,22,76,093/- by a reply dated 17.11.2008. The assessing authority reworked the figures and calculated the sum payable under the Scheme at Rs. 4,46,86,793/-. The petitioner was of the opinion that the assessing authority did not give credit to the interest which should have been treated payment towards the tax and therefore the petitioner filed W.P(C) No. 12901/2009, disputing the order dated 09.02.2009 calculating the sum payable by the petitioner as Rs. 4,46,86,793/-. The learned Single Judge passed an interim order on 28.04.2009 provided that in the event of the petitioner depositing a sum of Rs. 2,47,98,006/- in four equal monthly instalments, the remaining arrears assessed under the Scheme would be kept in abeyance. According to the petitioner, the said amount of Rs. 2,47,98,006/- was remitted in four equal monthly instalments as per the interim order dated 28.04.2009. 12. In the meantime, the tribunal had disposed of the second appeals against which the petitioner as well as the State filed tax revisions before this Court. The writ petition No. 12901/2009 as we....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nce Act, 2020. The petitioner in order to take the benefit of the new Scheme, put up an application in Ext.P14. According to the petitioner only Rs. 7,98,253/- was the balance amount payable by the petitioner in respect of the financial year 1998-1999 to 2004-2005 and 2015-2016. 19. On 21.11.2012, the Assistant Commissioner (assessment), Commercial Taxes Special circle, Thrissur, had issued a certificate which would disclose that the assessee had made payment of Rs. 4,88,54,614/- towards the Turn Over Tax and interest for the years 1998-1999, 2004-2005 and the said chart would also disclose that as on 06.07.2012, no amount was payable in respect of the financial year 1998 -1999 and in respect of the financial year 1999 - 2000, the amount of tax and interest of Rs.3,26,233/- was payable. The petitioner had settled the tax liability including the interest amount for the financial year 2001-2002 under the Scheme of 2009, and in respect of the financial year 2002-2003, 2003-2004 & 2004-2005, nothing was payable by the petitioner as the petitioner has discharged the said liability. Thus, on the date of filing the application under new scheme of 2020, the liability only in respect of ....