1998 (11) TMI 90 - HC - Income Tax

Summary

Issues involved:
The petitioner's grievance was the non-granting of a certificate u/s 68(2) of the Finance Act, 1997, for voluntarily disclosed income and tax paid.

Summary:
The petitioner disclosed undisclosed income under the Voluntary Disclosure of Income Scheme of 1997 (VDIS) and paid the tax within three months. The respondent did not issue the certificate, citing the tax payment on the 91st day. The petitioner sought a direction for the certificate issuance. The court noted the circular clarifying tax payment within three months. The respondent argued for payment within 90 days, referencing a circular on cheque encashment. The court held that payment within three months sufficed, rejecting the 90-day argument. It emphasized that cheque delivery date is crucial, not encashment, citing legal precedent. The court directed the respondent to issue the certificate promptly, ruling in favor of the petitioner.