Amnesty scheme benefit denied where declaration followed seizure of incriminating records and understated property consideration

A declaration filed after a raid and seizure of incriminating records was held not to be voluntary, so the assessee could not claim the benefit of the amnesty scheme. The seized material showed that the real consideration for the property transaction exceeded the amount stated in the sale deed, and that factual basis defeated the claimed scheme benefit. The Tribunal's order on the amnesty issue was set aside, and the matter was remanded for consideration of the remaining limitation ground.

---

---

Issues: Whether the assessee was entitled to the benefit of the amnesty scheme on the basis of a declaration filed after a raid and seizure of incriminating material.

Analysis: A declaration made after seizure of incriminating records is not voluntary. The material seized before the declaration showed that the true consideration for the property transaction was higher than the amount stated in the sale deed. In these circumstances, extension of the amnesty scheme benefit could not be sustained. The other ground relating to limitation was not examined and was left for consideration by the Tribunal on remand.

Conclusion: The assessee was not entitled to the amnesty scheme benefit, and the Tribunal's order on that issue was set aside with a remand for consideration of the remaining ground.

---