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Issues involved: Challenge to rejection of declaration under the Voluntary Disclosure of Income and Wealth Act, 1976 based on delay in submission.
Summary: The petitioner, an assessee under the Income-tax Act, 1961 in the status of a Hindu undivided family, forwarded a declaration disclosing income under the Voluntary Disclosure of Income and Wealth Act, 1976. The Commissioner rejected the declaration due to delay, leading to a challenge under article 226 of the Constitution seeking condonation of the delay and validation of the declaration. The petitioner argued that the declaration should be considered made on the day it was forwarded, relying on liberal interpretation of the terms "make" and "made" in the Act. The respondent, representing the Income-tax Department, contended for a strict construction of the time limit specified in the Act, emphasizing that the period for making a declaration is absolute and cannot be extended. The court, citing legal principles, emphasized the importance of adhering to prescribed time limits, stating that claims should be extinguished if not litigated within the specified period. It highlighted the need for strict construction of limitation periods, disregarding any resulting hardships. The court clarified that the day of forwarding a declaration cannot be equated to the day of filing before the Commissioner, emphasizing the necessity for actual filing or receipt by the specified deadline. Ultimately, the court found no grounds for interference in the Commissioner's decision, leading to the dismissal of the writ petition. Despite dismissing the petition, the court directed each party to bear their own costs in the case.
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