TMI Blog1999 (10) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... der the Scheme, one was required to tender a form as prescribed under sub-section (1) of section 65 of the Finance Act, 1997, a copy of which is produced at exhibit A-1. In clause 5 of the said form, the assessee was required to disclose the amount of income declared in figures and words. He was also required to disclose the assessment year to which the income relates. In clause 6, the total amount of voluntarily declared income was required to be mentioned; while in clause 7, the tax payable thereon was required to be mentioned calculated at the rate of 30 per cent. in the case of other than companies and firms. Again in clause 9, the balance tax payable was required to be mentioned. This would apply in a case, if the tax is paid as mentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to allow refund of any tax in pursuance of the declaration made under the Scheme. By writing these four lines letter the authorities rejected the application of the petitioner. Mr. Shah, learned counsel appearing for the petitioner, submitted that the petitioner under a mistake made the payment of Rs.5,00,000 instead of Rs.1,50,000. Exhibit A-1 filled in by the petitioner clearly indicates that the amount of income declared by the petitioner was Rs.5,00,000 and tax to be paid thereon was Rs.1,50,000. Even, exhibit B the receipt clearly reveals the said aspect. According to him under a bona fide belief a sum of Rs.5,00,000 was paid. But it does not mean that the Revenue can come out with a version that the amount is not refundable in vie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... visions of this scheme, where any person makes, on or after the date of commencement of this Scheme but on or before the 31st day of December, 1997, a declaration in accordance with the provisions of section 65 in respect of any income chargeable to tax under the Income-tax Act for any assessment year-. . . (c) which has escaped assessment by reason of the omission or failure on the part of such person to make a return under the Income-tax Act or to disclose fully and truly all material facts necessary for his assessment or otherwise, then, notwithstanding anything contained in the Income-tax Act or in any Finance Act, income-tax shall be charged in respect of the income so declared (such income being hereinafter referred to as the vol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said decision not only for the purpose for claiming refund but for the purpose of requesting the court to see that the amount of interest is also awarded. It appears that initially when the amount of Rs.5,00,000 was tendered it can be said that it was the duty of the officer not to accept the said amount. When the Scheme was likely to be closed, every one was in a hurry and the petitioner under a bona fide mistake made the payment. However, when the attention was drawn, it was necessary for the Commissioner of Income-tax, Surat, to refund the amount. It was his moral obligation when a request was made to refund the excess amount. Even on a prima facie reading of the return and the receipt, one would know that the petitioner has disclos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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