Section 14 disclosure under the Voluntary Disclosure Ordinance did not attract the set-off and refund bars in sections 9 and 10.

A declaration under section 14(1) of the Voluntary Disclosure of Income and Wealth Ordinance, 1975 was treated as a distinct statutory mechanism from disclosure under section 3(1). On that construction, the restrictions in sections 9 and 10, which barred reopening assessments, set-off of losses, and refunds in the earlier disclosure scheme, did not apply to declarations made under section 14. Section 14(6) was read as permitting credit of tax paid in the consequential assessment, showing that the ordinary income-tax and wealth-tax provisions continued to operate unless expressly excluded. Accordingly, a refund could still be claimed if it otherwise became due on final determination.

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Issues: Whether the restrictions in sections 9 and 10 of the Voluntary Disclosure of Income & Wealth Ordinance, 1975 barred set-off of losses and refund of tax where the disclosure was made under section 14(1).

Analysis: The disclosure made under section 14(1) was treated as a distinct statutory mechanism from disclosure under section 3(1). The scheme of the enactment showed that the bar on reopening assessments, claiming set-off, or obtaining refund was directed to disclosures under the earlier provisions and not to declarations made under section 14. Section 14 itself, being subject to its own provisions, and section 14(6) providing for credit of tax paid in the consequential assessment, indicated that the ordinary provisions of the income-tax and wealth-tax laws would continue to operate unless expressly excluded. On that construction, sections 9 and 10 did not prevent the assessee from claiming refund if, on the final determination of the firm's assessment, such refund otherwise became due.

Conclusion: The restrictions in sections 9 and 10 did not bar the assessee's claim to set-off or refund in relation to a declaration made under section 14(1), and the assessee succeeded to that extent.

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