NANDLAL RANDER Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This appeal is directed against the judgment of a learned single judge dated November 13, 1998.

(2.) The main grievance in the appeal is that the learned single judge was wrongly directed to serve the notice on the appellant/petitioner, to determine his tax liabilities in respect of Rs. 1,36,42,000 while the amount of Rs. 1,36,42,000 has been disclosed under the Voluntary Disclosure of Income Scheme, 1997 (hereinafter referred to as "the Disclosure Scheme, 1997"), and further the learned single judge has erred in not directing the Commissioner of Customs to pay the tax of Rs. 43,38,156 to the Commissioner of Income-tax, Karnataka III, Bangalore, and the balance amount should be refunded to the appellant as the appellant has declared the amount of Rs. 1,36,42,000 under the Scheme, 1997.

(3.) The petitioner is an assessee under the Assistant Commissioner of Income-tax, Circle 11(1), Bangalore. On December 30, 1997, the petitioner filed a declaration in the prescribed form under Section 64(1) read with Section 65 of the Finance Act, 1997, under the Disclosure Scheme, 1997. Under the Disdosure Scheme, 1997, the petitioner has declared his income of Rs. 1,36,42,000. That amount was lying with the Commissioner of Customs, Calcutta. Respondent No. 1 held an open auction sale in respect of diverse materials more particularly specified in the auction list catalogue. Mainly the auction was for mulberry raw silk weighing 9,648 kgs.