9911796707
TMI Blog2001 (5) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... he WTO"), assessed the wealth of the petitioner at a higher amount quantum than what was declared by the petitioner in the said returns. The petitioner duly preferred appeals before the Commissioner of Income-tax (Appeals) (hereinafter referred to as "the CIT (A)"). The Commissioner of Income-tax (Appeals) after hearing the parties passed a consolidated order on August 30, 1984, setting aside the said assessments with a direction for fresh assessments. It was specifically stated by the said Commissioner of Income-tax (Appeals) that proper opportunity of hearing was not given to the assessee and it was further directed that after giving an adequate opportunity to the assessee of being heard the assessments should be made. The assessment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the petitioner, contended that the amnesty scheme was a voluntary disclosure scheme, which the Government introduced to encourage the true disclosure of the wealth of an assessee and to save the assessee from the hazards of the assessment procedures. He further contended that if any assessee filed his return under the amnesty scheme, the intention of the legislators is that the said return would be accepted without any demur from the Government's side or without any further scrutiny. The circulars by which the Government announced such amnesty scheme did neither enumerate any conditions or criteria to be fulfilled by the petitioner. Return may be accepted under the amnesty scheme and nor did not indicate that the said returns would be ope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question was to be whether higher income can be shown in cases where assessments have been set aside on appeal or pending reassessment in "question No.4" which is reproduced hereunder: "Question No. 4. Whether higher income can be shown in cases where assessments have been set aside on appeal or pending reassessment being reopened under section 147? Answer: Yes. The assessees could avail of the benefit under these circulars." and he submitted that in view of such question and answer given by the Finance Minister, the said Wealth-tax Officer had no authority to make any enquiry into the said returns filed in the said scheme in respect of the said assessment years. He further contended that the letter which has been issued by respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Department although the rule was issued on March 9, 1988. Affidavit directions were also given in the matter. The matter did appear before me from time to time. On March 20, 2001, the matter appeared before me again when at the instance of the Department the matter was adjourned till March 27, 2001. Thereafter again the matter appeared on April 12, 2001. None appeared. Thereafter, notice was also served on the Central Government advocate although time was extended from time to time. Further notice was served upon the Central Government Advocate and the matter did appear on April 19, 2001. Thereafter, the matter appeared before me and this matter is being taken up by me. After considering the facts and circumstances of this case, I do not ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
