2005 (9) TMI 74

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....the order dated December 30, 1999, passed and conveyed to the petitioner by respondent No. 2, CIT, Bhopal (annexure P/1), whereby, the declaration made by the petitioner, under the provisions of Voluntary Disclosure of Income Scheme, 1997 (hereinafter referred to as "the VDI Scheme, 1997") submitted on December 9, 1997, before the Income-tax Department for issuance of certificate as per provisions....

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....959, at the time of her marriage relevant to the assessment year 1960-61. Therefore, the same can be considered for issuance of certificate under the VDI Scheme, 1997. On the other hand, learned counsel for the respondents has submitted that as per own showing of the petitioner, the valuation was done on April 1, 1962. Therefore, the said amount would be considered only for the assessment year ....

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.... income.- (1) Subject to the provisions of this Scheme, where any person makes, on or after the date of commencement of this Scheme, but on or before the December 31, 1997, a declaration in accordance with the provisions of section 65 in respect of any income chargeable to tax under the Income-tax Act for any assessment year." According to this main provision, any person could make a declaratio....

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....10 gold ginnis by the petitioner at the time of marriage from her relations would, at the most be considered a gift received at the time of marriage and gift is not included in the definition of income. Therefore, as per the VDI Scheme, 1997, for receipt of 110 gold coins in the year 1959, the petitioner cannot be granted required certificate. Though respondent No. 2 has not considered this aspect....