TMI Blog2008 (7) TMI 604X X X X Extracts X X X X X X X X Extracts X X X X ..... sclosure of Income Scheme, 1997, is very clear and the denial of the benefit is only on account of a misunderstanding on his side with regard to the last date on which amount was payable, respondents directed to consider sympathetically the petitioner's claim pursuant to the proceedings initiated under section 148, particularly in regard to the levy of penalty, waiver of interest, etc. The O. P. is disposed of as above - - - - - Dated:- 31-7-2008 - RAMACHANDRAN NAIR C. N., J. JUDGMENT C. N. Ramachandran Nair J.- 1. The petitioner is challenging exhibit P2 whereunder the petitioner's application for benefit under the Voluntary Disclosure of Income Scheme, 1997, introduced by the Finance Act, 1997, was rejected by the Commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Scheme, 1997, notice under section 148 was issued to the petitioner for bringing to tax the escaped income which again is based on information available in the Voluntary Disclosure of Income Scheme, 1997, declaration. 3. Counsel for the respondent contended that the authority to entertain the application under the Voluntary Disclosure of Income Scheme, 1997, is the Commissioner of Income-tax and, therefore, the date of filing of declaration has to be reckoned with reference to the date on which the application was received by the Commissioner of Income-tax at Trivandrum, which is December 31, 1997. Counsel appearing for the petitioner contended that the respondents' argument is not tenable because the declaration to the Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e declaration to the Commissioner, but delivers it to the Assessing Officer and such officer accepts it, then the date of application to the Commissioner should be certainly the date of receipt by the Assessing Officer, no matter how much time he may take to deliver it to the Commissioner. If the Department's claim is accepted, then the same will lead to an anomalous situation that applications received in time by the assessing authorities would have to be rejected, if such applications did not reach the Commissioner on the last date. Therefore, I am of the view that the Department's case that the date of making declaration is December 31, 1997, when the Commissioner's office issued receipt of the same, is not correct and the date of receip ..... X X X X Extracts X X X X X X X X Extracts X X X X
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