Section 10B in The Kerala Tax on Luxuries Acts, 1976
10B. Reduction of arrears in certain cases.
(1)Notwithstanding anything contained in this Act, or in any judgement, decree or order of any court, tribunal or appellate authority, an assessee who is in arrears of tax or any other amount due under the Act relating to the period ending on 31st March, 2005, may opt for settling the arrears by availing reduction at the following rates:(a)in the case o f d e ma n d s r elating to t he period s up to and including 31st March, 1991, a reduction of twenty- five per cent for the principal tax amount, and complete reduction of the interest on the tax amount and for the amount of penalty and interest thereon;.(b)in the case of demands relating to the period from 1st April, 1991 to 31st March, 1996, a complete reduction of the interest on the tax amount, and for the amount of penalty and interest thereon;(c)in the case of demands relating to the period from 1stApril, 1996 to 31st March, 2000, a reduction of ninety-five per cent of the interest on the tax amount, and for the amount of penalty and interest thereon;(d)in the case of demands relating to the period from 1st April, 2000 to 31st March, 2005,a reduction of ninety per cent of the interest on the tax amount, and for the amount of penalty and interest thereon.(2)Notwithstanding anything contained in the Kerala Revenue Recovery Act, 1968 reduction of arrears under sub- section (1) shall be applicable to those cases in which revenue recovery proceedings have been initiated and the assessing authorities shall have the power to collect such amounts on settlement under sub-section (1) and where the amount is settled under sub- section (1) the assessing authorities shall withdraw the revenue recovery proceedings against such assessees which will then be binding on the revenue authorities and such assessees shall not be liable for payment of any collection charges.(3)An assessee who wishes to opt for payment of arrears under this section shall make an application to the assessing authority in the prescribed form before 31st December 2010, or on such date as may be notified by Government.(4)On receipt of an application under sub- section (3) the assessing authority shall verify the same and shall intimate the amount due to the assessee and thereupon the assessee shall remit the amount in lump sum or in three equal installments on or before 31st December 2010:Provided that notwithstanding anything contained in this section, where,(a)after the last date for filing option, the Government have notified a further date under sub - section (3), and(b)if an applicant had filed his option earlier and remitted at least one installment, but had failed to remit the balance amount due and his earlier option was revoked by the assessing authority.on furnishing of a fresh option, the amounts paid under the earlier option shall be treated as the amount paid under the subsequent option.(5)If the assessee commits any default in payment of the installments the reduction granted under sub-section (1) is liable to be revoked.(6)No action under sub-section (5) shall be taken without giving notice to the assessee.(7)If the arrears settled under this provision is already a subject matter of appeal or revision, such appeal and revision may be continued and if the final orders of such appeal or revision results in the reduction of tax payable under this Act, the amount so reduced shall be refunded. But if, as the result of such appeal or revision, the tax payable under this Act is enhanced, the dealer shall pay such enhanced amount, with interest thereon, in accordance with the provisions of this Act.
