VIDYA DEVI Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Since a common point involving interpretation of ss. 62 to 68 of the Finance Act, 1997, and s. 297 r/w ss. 147 to 150 of the IT Act, 1961 (hereinafter referred to as the 1961 Act), arises for adjudication in these petitions, we are deciding them by one order. Facts :

(2.) Civil Writ Petition No. 12395 of 1998 - The petitioner made declaration of 865 gold coins and 128 kilograms of silver utensils under the Voluntary Disclosure of Income Scheme, 1997 (for short, 'the Scheme' ). She deposited Rs. 30,000 as tax and Rs. 1,200 as interest chargeable under the Scheme. Simultaneously, she also made an application for issuance of certificate under s, 68 (2) of the Finance Act, 1997 (for short, 'the 1997 Act' ). Vide Annexure P3, the respondent refused to issue certificate to the petitioner on the ground that the disclosure of income relating to the asst. yr. 1961-62 cannot be treated as valid under the Scheme. The petitioner represented against this decision but failed to convince the respondent to change his decision. Therefore, she has invoked writ jurisdiction of this Court for quashing Annexure P3 and P5 and also for directing the respondent to issue certificate to her under s. 68 (2) of the 1997 Act.

(3.) Smt. Lajwanti who has filed civil writ petition No. 12396 of 1998 for grant of similar relief, made declaration of 962 gold coins priced at Rs. 1,01,010 and silver utensils weighing 126 kgs. valued Rs. 25,465. She paid Rs. 30,000 as tax and Rs. 1,200 as interest. Her request for issuance of certificate under s. 68 (2) of the 1997 Act has also been declined. Kundan Lal Bansal who is petitioner in the third petition made declaration of 532 gold coins and 23 kgs. silver utensils valued at about Rs. 62,500. He deposited tax amounting to Rs. 18,075. His request for issuance of certificate under s. 68 (2) of the 1997 Act has been declined by the respondent on the ground that the provisions of the Scheme are not applicable to the declaration made in respect of the asst. yr. 1961-62.