https://www.taxtmi.com/caselaws?id=238372 A declaration accepted under the Voluntary Disclosure of Income Scheme, 1997, accompanied by an operative certificate under section 68(2), could not be disregarded by the Assessing Officer or treated as void ab initio merely by invoking section 78(b). Because the certificate had not been cancelled or withdrawn by the competent authority, the disclosed income could not be reopened under section 148 or added back without a valid legal basis to deny the scheme's immunity. The Tribunal also noted that the assessee was not shown to have been facing prosecution in a manner that defeated the declaration when it was made and accepted, and the reassessment notice and consequential addition were therefore unsustainable. en-us Fri, 04 Oct 2013 00:00:00 +0530 Mon, 21 Oct 2013 10:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=238372 A declaration accepted under the Voluntary Disclosure of Income Scheme, 1997, accompanied by an operative certificate under section 68(2), could not be disregarded by the Assessing Officer or treated as void ab initio merely by invoking section 78(b). Because the certificate had not been cancelled or withdrawn by the competent authority, the disclosed income could not be reopened under section 148 or added back without a valid legal basis to deny the scheme's immunity. The Tribunal also noted that the assessee was not shown to have been facing prosecution in a manner that defeated the declaration when it was made and accepted, and the reassessment notice and consequential addition were therefore unsustainable. Case-Laws Income Tax Fri, 04 Oct 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=238372