1990 (11) TMI 4 - SC - Income Tax

Amnesty Scheme - appellant is seeking is that his application under section 273A read with the Amnesty Scheme should be considered and disposed of by the Commissioner - CIT was not justified in not considering the petition on the ground that criminal proceedings have been subsequently launched - it will be open to the appellant to request the Commissioner to hold up the prosecution pending the disposal of the application

Summary

The appellant filed an application under section 273A of the Income-tax Act, 1961, under an "Amnesty Scheme." The High Court rejected the appeal stating the application was not voluntary due to criminal proceedings. The Supreme Court set aside the High Court's order and directed the Commissioner to consider and dispose of the application within three months. The appellant can request to hold up prosecution pending the application's disposal.