TMI Blog2017 (3) TMI 983X X X X Extracts X X X X X X X X Extracts X X X X ..... ings were conducted on 30th June, 2016 and it was during the currency of the Scheme of 2016. Till search was conducted under Section 132 of the Act of 1961, the petitioner did not make disclosure/declaration under the Scheme of 2016. It is subsequent to the search proceedings under Section 132 of the Act of 1961. As per para quoted above, the petitioner is not entitled to seek benefit of the Scheme of 2016. The position would have been different if declaration under the Scheme of 2016 would have been made earlier to proceedings under Section 132 of the Act of 1961. It is not that relevant provisions of the Income Tax Act were kept in abeyance during currency of the Scheme of 2016, rather, there exists no provision under the scheme and other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at all any search is made under Section 132 of the Act of 1961, it should not debar any person to take benefit of the Scheme 2016. If search comes in the way of the petitioner then very purpose of the Scheme of 2016 gets frustrated and otherwise exclusion of the person to whom scheme would not apply, does not allow proceedings against those who have made disclosure under the Scheme of 2016. In view of the above, the search proceedings against the petitioner deserve to be set aside. I have considered the submission made by learned counsel for petitioner and perused the record. The petitioner has made reference of the Scheme of 2016 to seek benefit and also to state that no proceedings under Section 132 of the Act of 1961 followed by pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the basis of, the first review under sub-section (3) of that section, or on the basis of the report of the Advisory Board under section 8, read with sub-section (6) of section 12A, of the said Act; or (iv) such order of detention has not been set aside by a court of competent jurisdiction; (b) in relation to prosecution for any offence punishable under Chapter IX or Chapter XVII of the Indian Penal Code (45 of 1860), the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) and the Prevention of Corruption Act, 1988 (49 of 1988); (c) to any person notified under section 3 of the Special Court (Trial of Offences Relating to Transactions in Securities) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reveals that it would not apply in relation to any undisclosed income chargeable to tax under the Income Tax Act for any previous year relevant to an assessment year prior to 1st day of April, 2017 where search/proceedings under Section 132 and 132A of the Act of 1961 have been undertaken. It would not apply even on a notice under Section 153A apart from many other provisions. In the instant case, search proceedings were conducted on 30th June, 2016 and it was during the currency of the Scheme of 2016. Till search was conducted under Section 132 of the Act of 1961, the petitioner did not make disclosure/declaration under the Scheme of 2016. It is subsequent to the search proceedings under Section 132 of the Act of 1961. As per para quoted a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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