ATAMJIT SINGH Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE question that arises for consideration in this petition is whether the Commissioner can condone the delay on the part of the declarant in paying the tax in respect of the income declared under the Voluntary Disclosure of Income Scheme, 1997.

(2.) THE Voluntary Disclosure of Income Scheme, 1997 (in short "the scheme"), introduced by Chapter IV of the Finance Act, 1997 ("the Act" for short), was in force between July 1, 1997, and December 31, 1997. THE relevant provisions of the Scheme are :

(3.) SECTION 67 enables the declarant to file the declaration without paying the tax, provided he pays the tax in respect of voluntarily disclosed income within three months from the date of filing of the declaration with interest. It is, however, made clear that if the declarant fails to pay the same within the three months period, then the declaration filed by him shall be deemed never to have been made. The said SECTION is extracted below for ready reference :