AI Drafter 
TaxTMI 
TaxTMI 
2003 (9) TMI 30
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....oluntary Disclosure of Income and Wealth Act, 1976 (hereinafter referred to as the "1976 Act"). The document that the witness is called upon to produce is a covering letter in respect of the disclosure made by the witness under the Voluntary Disclosure Scheme of 1975. The letter refers to certain facts and attached thereto is the statement of income assessed, income to be disclosed, total tax due, tax paid and a token for balance of tax paid for the years 1967-68 to 1974-75. The objection is of considerable importance. I would have marked the document tentatively as an exhibit after recording the objection and subject to the objection being decided at the last stage in the final judgment as held by the Supreme Court in Bipin Shantilal....
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....arged in respect of the income so declared (such income hereinafter referred to as the voluntarily disclosed income) at the rate or rates specified in the Schedule to this Ordinance. (2) Nothing contained in sub-section (1) shall apply in relation to (i) the income assessable for any assessment year for which a notice under section 139 or section 148 of the Income-tax Act has been served upon such person and the return has not been furnished before the commencement of this Ordinance; (ii) where any books of account, other documents, money, bullion, jewellery or other valuable articles or things belonging to the person making the declaration under sub-section (1) (hereafter in this section, in sections 4 to 13 and in the Schedule to....
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....ire any public servant or the declarant to produce before it any such declaration or any part thereof or to give any evidence before it in respect thereof. (2) No public servant shall disclose any particulars contained in any such declaration except to any officer employed in the execution of any of the Acts mentioned in sub-section (1) of section 8, or the Wealth-tax Act, or to any officer appointed by the Comptroller and Auditor-General of India or the Board to audit income-tax receipts or refunds. (3) The provisions of sub-sections (1) and (2) shall apply in relation to all documents and particulars relating to the investment in the securities referred to in sub-section (3) of section 3 (including the payment of interest on such se....
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....st, 1974, and thereby as a partner, in the said firm, my residential place at Surya Apartments was also searched and gold jewellery ornaments which were belonged to my wife were seized. But afterwards by an order under section 132(5) of the Act, in the case of firm and also the said seized, gold-jewellery ornaments having been proved by my wife as 'Shreedhan' and the same being belonged to her, the said ornaments were released. Now under the Voluntary Disclosure Scheme, I decided to disclose some income and had discussion with your kind honour in the matter by my representative, when your kind honour suggested him to disclose in Form No. 'B' and thus I am submitting herewith Form No. 'B' in duplicates duly filled in accompanied with stat....
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....to the search and seizure and the subsequent release of the ornaments belonging to the witness's wife. That paragraph itself contains the necessary admission. To prove it, Mr. Sampat relies upon the document. That part of the letter therefore can certainly be called for. The fact that the disclosure under the Voluntary Disclosure Scheme was made has already been deposed to by the witness. Paragraphs 1 and 3 of the letter do nothing more than refer to the same disclosure. All that is done in addition thereto is a recital of the fact that the details pertaining to the disclosure are attached and enclosed. The attachment and enclosure are not incorporated in the covering letter. The disclosure itself, therefore is not be found in any part o....