2018 (8) TMI 576

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....acts of the case are that the petitioner being an Assessee applied for the Scheme of Income Declaration Scheme - 2016, as declared by the Govt. of India, which came into effect from 1st June, 2016. It provides an opportunity to persons who have not paid full taxes in the past to come forward and declare their undisclosed income and assets. 3. Accordingly, the petitioner had to disclose her undisclosed income under Section 183 of Finance Act by 30/09/2016. 4. The petitioner has disclosed Undisclosed Income Rs. 29,16,156/- for Assessment Year 2014-15 determining the total tax payable (including penalty) thereon at Rs. 13,12,271/-. 5. The case of the petitioner was selected for scrutiny for Assessment Year 2014-15 and notice under Section 1....

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....4(BOM). With the aforesaid, he prays that the impugned order be quashed and respondent be directed to adjust the amount of tax already paid under the Income Declaration Scheme - 2016 against the demand which is outstanding in relation to the pending Assessment Year specifically Assessment Year 2014-15. 9. In the case of Patchala Seethramaiah(supra) the Apex Court has held that when Commissioner declined to grant certificate under Section 67(2) of the Finance Act, 1997(Voluntary Disclosure of Income Scheme 1997) on the ground that declarant paid tax beyond prescribed period, such declaration was non-est, and consequently, revenue was not entitled to retain amount of tax paid under such declaration. It was also held that the retention of tax....