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2013 (10) TMI 827 - AT - Income TaxNotice under section 148 - Voluntary Disclosure of Income as per section 78 (b) - the Assessee applied under the Voluntary Disclosure of Income Scheme, and that the concerned authority after holding that he was eligible under the said Scheme and that section 78 of the said Scheme was not attracted, granted the benefit of the said Scheme and a certificate was issued by the Commissioner under section 68(2) – Held that:- Following Uma Corporation Versus Krishna Prabhakar, Assistant Commissioner of Income-tax And Others [2006 (3) TMI 82 - BOMBAY High Court] and Rafique A. Mallik Vs. DCIT [2006 (8) TMI 147 - BOMBAY High Court] - Once certificate under Section 68(2) has been issued by the appropriate authority, then the AO has no power to cancel the same – in this case also the certificate under Section 68(2) was issued by the CIT and the same was not cancelled or withdrawn by the competent authority, who issued the certificate - There is no provision of law that once the certificate under Section 68(2) is issued then the AO can withdraw or cancel the same - By drawing adverse inference against the assessee, the AO has brought the amount to tax under normal provision of law, which was declared under VDIS Scheme - The AO has no power to hold that the declaration made by the assessee is void ab initio or liable to be cancelled. The certificate granted by the Commissioner under section 68(2) of the Voluntary Disclosure of Income Scheme, 1997 is still holding the field - Revenue also admits that the amount of voluntarily disclosed income cannot be included in the total income of the declarant for any assessment year – there was no justification for the notice under section 148 - issuance of notice under section 148 of the Income-tax Act, 1961 is an abuse of the power by Department – Decided against Revenue.
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