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TMI Blog2006 (1) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... r final hearing on the following substantial question of law: "Whether a return was filed under the Amnesty scheme, whether a regular order of assessment based on an earlier return could have been passed after subsequent filing of such Amnesty scheme?" Without taking note of the facts in detail, as to on what date the returns were filed and on what date the assessment orders were passed on those returns, the question that really arises for consideration in these two appeals which arise out of the assessment years 1981-82 and 1984-85 filed by the assessee and the same was pressed in service by learned counsel for the appellant is whether the order of assessment passed in regular assessment is legally sustainable in view of the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in case where the assessments in respect of those years are pending. Answer.-In cases where the assessments are already completed, the taxpayer should approach the concerned Commissioner of Income-tax with the full disclosure of the amounts of income and/or wealth concealed in various years and should also file returns for the relevant years. He should also produce evidence of payment of taxes before March 31, 1986. The filing of the returns will be regularised by issue of formal notices under section 148 of the Income-tax Act/section 17 of the Wealth-tax Act. In cases where the assessments are pending, the taxpayer should file revised return before the Income-tax Officer along with evidence of payment of taxes. Question No. 2.-In resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x (Appeals) that latter assessment orders have to be cancelled. However, in view of the circumstances of the case and other facts, we set aside the order of the Commissioner of Income-tax (Appeals) and direct the Assessing Officer to give benefit of the income already assessed under section 143(1) on the basis of the returns filed under the Amnesty Scheme." As observed supra, the question, therefore, that arises is whether the view taken by the Tribunal which is quoted supra is correct and if so, whether this court can uphold it by holding the same to be in accord with the scheme of the Act. Heard Shri S. C. Bagadia, learned senior counsel with Shri D. K. Chhabra, learned counsel for the appellant and Shri R. L. Jain, learned senior c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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