2016 (10) TMI 932

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....sthi ORDER Service is deemed to be completed. This is an appeal under Section 260-A of the Income Tax Act, 1961 filed by the Commissioner of the Income Tax Appellate Tribunal, New Delhi in I.T. (S.S.)A. No. 146/Del/2001. The appeal relates to the Block Period of Financial Year 1987-88 to 1996-1997 and 1.4.1997 to 19.12.1997. The questions of law referred to are hereunder:- ....

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....d the return for the block period of 7.7.1999 and in the return so filed an undisclosed income was shown as NIL. Subsequently, the wife of the assessee after search and seizure opted for the Voluntary Disclosure of Income Scheme, 1997 (in short 'VDIS') on 31.12.1997 which was accepted by the Department as genuine and good. In view of the aforesaid, the Tribunal has taken view that once ....

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....such application can grant a certificate tohim setting forth the particulars of voluntary disclosed of income and the amount of income tax paid in respect of the same. Once such a certificate is granted, the amount of the voluntary disclosed income shall not be included in the total income of the declarant for any assessment year under the Income Tax Act. Once a particular income is included in th....

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....er course would be to recall the said certificate. No such steps were taken. The certificate is still in force. When that being the case, the same income cannot be assessed over and again in the hands of the individuals who are the members of the HUF. Therefore, the order passed by the Tribunal as well the Appellate Authority is in accordance with law and do not suffer from any legal infirmity cal....