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TMI Blog2007 (12) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment years. The assessee filed returns in response to the notice under section 158BD, including the amount for the assessment years but claiming that an application under the Voluntary Discloser of Income Scheme, 1997, had been filed. The Assessing officer treated the undisclosed income under the provisions of section 158BC and computed the income. The Tribunal dismissed the appeal as it wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere was search and seizure operation under section 132 of the Income-tax Act, 1961, which commenced on October 10, 1996, and came to the completion on December 4, 1996. In this case, there was no such warrant under section 158BC in the name of the company. However, the proceedings have been initiated under section 158BD as in the case of search proceedings against Shri Dulip Chand Chordia and othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as no merit in the appeal filed by the assessee and dismissed the same as infructuous, in view of the acceptance of the voluntary disclosure made by the assessee. Against that order, the assessee preferred a miscellaneous petition before the Income- tax Appellate Tribunal, which allowed the said petition on the premise that the certificate dated December 15, 1997, issued under section 68(2) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned counsel appearing for the appellant and perused the material on record. 7. It is apparent on the record that the certificate dated December 15, 1997, under section 68(2) of the VDIS, 1997, was issued by the Commissioner of Income-tax prior to the passing of the original order by the Tribunal. The certificate was also placed before the Tribunal for consideration and adjudication, but the cert ..... X X X X Extracts X X X X X X X X Extracts X X X X
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