TMI Blog2018 (12) TMI 1219X X X X Extracts X X X X X X X X Extracts X X X X ..... d the penalty referred to in section 185, by the date specified under subsection (1) of section 187, and further embargo has been placed upon the department not to reopen any assessment of reassessment under the said provision . The show cause notices dated 30.05.2018 issued un/s 153A pertain to the assessment years 2011- 12 to 2016-17. It may be possible that the income surrendered by the petitioner may relate to any period covered by the aforesaid notices, and for those assessment years the embargo as provided for in clause 199I and 199J may apply. It is for the assessing officer to come to such a finding after going through the declarations made by the petitioner under the PMGKY as well as the response filed pursuant to the said notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for the assessment years 2011-12 to 2016-17. The petitioner apprehends that for the block assessment for the aforesaid years the assessing officer will include the income declared by the petitioner under the Pradhan Mantri Garib Kalyan Yojana, 2016 (in short PMGKY ) for which the petitioner has already paid tax of ₹ 6,01,91,010/- despite the fact that under clause 199I of the said scheme the amount of undisclosed income declared in accordance with section 180 shall not be included in the total income of the declarant for any assessment year under the income tax act, if the declarant make the payment of tax and surcharge referred to in section 184 and penalty referred to in section 185, by the date specified under subsection (1) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,62,325/- as penalty and, therefore, the petitioner had deposited ₹ 6,01,91,010/- in PMGKY on 31.03.2017. Learned Counsel for the petitioner has contended that after deposition of the aforesaid amount of Tax, surcharge and penalty, the petitioner is entitled for the benefit of the provisions of Sections 199-I and 199-J of the PMGKY, 2016 and, therefore, the income which is disclosed as aforesaid would not be included in total income and it cannot be assessed subsequently on the income so disclosed by him. The petitioner has further taken us through the notice under Section 153A of the Income Tax Act, which has been issued subsequent to the proceedings issued under Section 153A for the Assessment years 2011-12, 2012-13, 2013-14, 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. The petitioner has relied upon clauses 199I and 199J of the PMGKY which are identical and similar to the Clauses 188 and 189 of the Income Declaration Scheme 2016 which is being reproduced here under:- 188. Undisclosed income declared not to be included in total income - The amount of undisclosed income declared in accordance with section 183 shall not be included in the total income of the declarant for any assessment year under The Income Tax Act, if the declarant makes the payment of tax and surcharge referred to in section 184 and the penalty referred to in section 185, by the date specified under subsection (1) of section 187. 189. Undisclosed income declared not to affect perfect finality of completed assessments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tarily surrendered and deposited tax, surcharge and penalty under the PMGKY on the conditions held out in the said scheme as laid down in clause 199I and 199J which clearly provides that the amount of undisclosed income declared in accordance with section 180 shall not be included in total income of the declarant for any assessment year under the Income Tax Act, if the declarant make the payment of tax and surcharge referred to in section 184 and the penalty referred to in section 185, by the date specified under subsection (1) of section 187, and further embargo has been placed upon the department not to reopen any assessment of reassessment under the said provision . The show cause notices dated 30.05.2018 issued under Section 153A of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents, we are satisfied that the apprehension and the grievance of the petitioner has duly been taken note of by the respondents and we hope and trust that it will be taken into consideration, while making the final assessment order under Section 153A of the Income Tax Act. No interference is called for by us in exercise of writ jurisdiction Article 226 of the Constitution of India, as the notices have been issued by the competent authority (Assessing Authority), and no lack of jurisdiction has been alleged or pointed out by the petitioner. However, in the light of the discussion made hereinabove, the grievance of the petitioner stands fully redressed in light of the written instructions of the respondents which state that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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