2016 (7) TMI 194 - HC - Income Tax

High Court validates block assessment & VDIS benefits, upholding Finance Act's Section 68 immunity.

COMMISSIONER OF INCOME TAX Versus M/s. RAJIV ENTERPRISE

The High Court upheld the validity of block assessment proceedings under Section 158BD, finding the ITAT's decision justified. In another case, the Court ... Benefit of Voluntary Disclosure of Income Scheme (VDIS) - Held that:- The issue involved in this matter is squarely covered by the decision in case of Nitin P. Shah alias Modi v. Deputy Commissioner of Income Tax [2004 (12) TMI 64 - GUJARAT High Court ] where this Hon'ble Court has held that the certificate issued under Section 68 (2), cannot be cancelled or revoked. Identical issue was also raised before the Hon'ble High Court of Allahabad in case of Bhagwat Prasad v. Commissioner of IncomeTax (2003 (4) TMI 63 - ALLAHABAD High Court ) wherein it has been held that once a valid certificate had been granted to the petitioner by the CIT under the VDIS 1997, he was entitled to the immunity under Section 68 of the Finance Act, 1997 and the impugned proceedings under Section 158BD taken against the petitioner were illegal. - Decided in favour of assessee Issues:1. Validity of block assessment proceedings under Section 158BD2. Treatment of undisclosed income under Voluntary Disclosure of Income Scheme (VDIS) 19973. Immunity under Section 68 of the Finance Act, 19974. Addition of undisclosed income in the hands of the appellantIssue 1: Validity of block assessment proceedings under Section 158BDIn Tax Appeal No.1467 of 2008, the High Court considered the validity of block assessment proceedings initiated under Section 158BD. The appellant challenged the ITAT's decision upholding the initiation of proceedings by the Assessing Officer. The Court analyzed the arguments presented by both parties and referred to relevant legal precedents. The Court concluded that the ITAT's decision was justified in law, thereby upholding the validity of the block assessment proceedings.Issue 2: Treatment of undisclosed income under VDIS 1997The Court examined the treatment of undisclosed income under the Voluntary Disclosure of Income Scheme (VDIS) 1997 in Tax Appeal No.1436 of 2006. The appellant contested the ITAT's decision to delete the addition of a specific amount under VDIS. The Court reviewed the arguments put forth by the revenue and the appellant's counsel, citing a relevant decision from the Telangana and Andhra Pradesh High Court. After thorough consideration, the Court found that the ITAT's order, allowing the benefit of VDIS to the assessee, was appropriate and in accordance with the law.Issue 3: Immunity under Section 68 of the Finance Act, 1997The Court delved into the issue of immunity under Section 68 of the Finance Act, 1997, concerning the validity of declarations made under VDIS. The appellant argued for immunity based on certificates issued under VDIS, citing legal precedents from various High Courts. The Court referenced previous judgments and analyzed the provisions of the VDIS. Ultimately, the Court upheld the immunity granted under Section 68, emphasizing the importance of certificates issued by the Commissioner and the limitations on the Assessing Officer's authority to challenge them.Issue 4: Addition of undisclosed income in the hands of the appellantRegarding the addition of undisclosed income in the hands of the appellant, the Court carefully reviewed the facts and legal arguments presented by both sides. The appellant's counsel relied on specific cases to support their position. The Court referenced detailed discussions from previous cases and highlighted the significance of complying with the conditions of VDIS for immunity from taxation. Ultimately, the Court dismissed both appeals, affirming the decisions made by the ITAT and upholding the treatment of undisclosed income under VDIS.