TMI Blog2024 (3) TMI 668X X X X Extracts X X X X X X X X Extracts X X X X ..... iksha Kanani i/b Mr. Akhileshwar Sharma. PC:- 1. On 13th February 2024, the following order was passed :- 1 The issue in this matter in short is petitioner having availed of income declaration scheme 2016, had to pay certain amounts to the department for AY-2013-14, 2014-15 and 2015-16. Petitioner s case is certain amounts had been paid by petitioner by way of self-assessment tax and TDS. Petitioner states that credit is not being given to the amounts already paid and petitioner is being declared as defaulter under the IDS and fresh assessment proceedings has also been initiated. 2. Paragraph 4.3 of the affidavit in reply filed through one Prasad Menkudale, affirmed on 27th July 2023 reads as under: 4.3 With reference to the contents of Gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the head of challan credit has not been made, we direct the same to be made before 29th February 2024 and the Form No. 4 to be issued by that date. 5. At this stage, Mr. Walve seeks leave to amend the petition and tenders draft amendment, which is taken on record and marked X for identification. Mr. Manwani states if, the court is inclined to grant leave to amend, then respondents rights and contentions be also kept open and liberty be given to file additional affidavit in reply. Keeping open the rights and contentions of petitioner, leave to amend is granted. Amendment to be carried out and amended petition to be served within one week from today. Should respondents wish to file a further affidavit in reply, the same to be filed and co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s made declaration in the F.Y. 2016-2017, therefore, considering the provisions of Section 197(b) of the Finance Act, 2016 (IDS), the assessment for A.Y. 2017-2018 shall be made on substantive basis considering the total undisclosed income admitted by the assessee. Thus, I have reason to believe that the income of Rs. 3,26,50,039/- declared in IDS represents escaped income of assessee, required to be taxed for the year of declaration. Therefore, the reopening is on the basis of income of Rs. 3,26,50,039/- declared in the IDS and Form-4 having been issued, there can be no escapement of income as alleged in the information. 4. Mr. Walve is correct in his submissions. Therefore, we hereby grant prayer clauses (B) (C) also, which read as under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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