TMI Blog2017 (8) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment in tune with the said order. Having not done so, the Department cannot reject the petition filed by the petitioner under Section 264 of the Act. Thus, for all the practical purposes, the limitation in filing the petition had to be reckoned only after the judgment in the Tax Cases. The Assessing Officer had given effect to the order passed by the Division Bench dated 21.02.2001 and if that date is reckoned, there is no inordinate delay for the 1st respondent to reject the petition filed by the petitioner under Section 264 of the Act. As decided in case of Commissioner of Income Tax Vs S.Muthukarupan [2006 (9) TMI 140 - MADRAS High Court] wherein, the Court held that if during the same assessment year the same quantity of wealth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in respect of that claim. In the meantime, the assessment in respect of the petitioner's grandmother was completed and ultimately, it was challenged by the grandmother by filing an appeal before the Income Tax Appellate Tribunal by which judgment dated 19.12.1986, accepted the case of the petitioner's grandmother as to how the income has to be assessed. 3. Roughly about the same time, the petitioner is stated to have voluntarily gone before the Assessing Officer and requested to issue notice under Section 148 of the Act and assess the income, as in the case of his grandmother. This lead to the order of assessment dated 31.03.1981 under section 143[3] of the Act by revising the assessment, in confirmation with the order passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Income Tax officer to redo the assessment in accordance with law and in the light of what has been said in the course of this order. The question referred to us at the instance of the Revenue is answered by holding that while the interest received on unpaid purchase price was taxable under the head income from other sources in the hands of the assessee vendor, the rental income from the property was not taxable in the hands of the assessee vendor. 5. In terms of the above direction, the computation of income tax of the petitioner's grandmother for the relevant years was directed to be re-done on the basis of the order and the question which was referred to the Division Bench at the instance of the Revenue was answered by h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the power of the Commissioner cannot be stretched to do something which cannot be done under normal provisions of the Act. After carefully perusing the materials placed on record, it is seen that what is referred to as Voluntary Disclosure Scheme is not in fact an application in any Voluntary Disclosure Scheme. 9. But on the voluntary request made to the Assessing Officer to issue notice under Section 148 of the Act is sought to be misinterpreted as if it is a Voluntary Disclosure Scheme. Thus, merely because the petitioner went before the Assessing Officer under Section 148 of the Act and completion of the assessment cannot be an estoppel for the petitioner to maintain a petition under Section 264 of the Act. With regard to the delay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling the petition had to be reckoned only after the judgment in the Tax Cases. The Assessing Officer had given effect to the order passed by the Division Bench dated 21.02.2001 and if that date is reckoned, there is no inordinate delay for the 1st respondent to reject the petition filed by the petitioner under Section 264 of the Act. 12. At this stage, it would be beneficial to refer to the decision of the Hon'ble Division Bench in the case of Commissioner of Income Tax Vs S.Muthukarupan [2007]290 ITR 0154, wherein, the Court held that if during the same assessment year the same quantity of wealth in possession of one co-sharer is subjected to a lower rate of taxation, it would be highly improper to burden a similarly situated co-sha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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