(1.) The following are the substantial questions of law raised in these Tax Case Appeals raised by the assessee:
(2.) These appeals relate to the assessment year 1992-93, 1993-94 and 1996-97. It is seen from the facts projected, the assessee made a declaration under the Voluntary Disclosure Scheme, 1997, admitting an income of Rs.86,78,275/-. The declaration was rejected on the ground that the tax was not paid within three months. However, the contents of the disclosure was considered for passing assessment on the assessee. Aggrieved by the same, the assessee went on appeal before the Commissioner of Income Tax (Appeals)-XII, Chennai. It is a matter of record that in the meantime, on 19.07.1999, the assessee moved the Settlement Commission under Section 245C of the Income Tax Act for settlement of the assessment relating to assessment years 1992-93, 1993-94, 1996-97 and 1997-98. It is an admitted fact that as on the date of filing of the petition before the Settlement Commission, the appeal before the Commissioner of Income Tax (Appeals) was very much alive for the assessment years 1992-93, 1993-94 and 1996-97. However, the Chartered Accountant representing the assessee filed a letter dated 23.3.2000 before the Commissioner of Income Tax (Appeals) which reads as follows:
(3.) Based on the letter of withdrawal, by order dated 30.03.2000, the Commissioner of Income Tax (Appeals) dismissed the appeals as infructuous, observing as follows: