BHAGWAT PRASAD PODDAR Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the impugned notice dated October 29, 2001, under Section 144A of the Income -tax Act, 1961, for proceeding under Section 158BD, read with Section 158BC. Annexure 10 to the writ petition and the direction dated December 12, 2001, issued by the Additional Commissioner of Income -tax to the Deputy Commissioner of Income -tax, annexure 12 to the writ petition and for refund with interest of the seized amount. The petitioner has also prayed for a mandamus restraining the respondents from proceeding with block assessment under Section 158BC.

(2.) HEARD learned counsel for the parties.

(3.) THE Voluntary Disclosure of Income Scheme, 1997 (VDIS), a copy of which is annexure 1 to the petition provided in Section 64 that any person can make a declaration under Section 65 of any income chargeable to tax for any assessment year mentioned in Section 64(1). In case the declarant was a person other than a company or firm, the tax was to be charged at 30 per cent. of the voluntarily disclosed income. Section 64(2) of the said scheme provided that persons against whom notices under Section 142 or 148 of the Income -tax Act had been served and the return has not been furnished before the commencement of the scheme, and the persons, against whom proceedings against Sections 132, 132A and 133A have been initiated are not entitled to make a declaration under the scheme.