1986 (12) TMI 26

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..... ve effect to the notice served by the Department. The petitioner had failed to file a return for the assessment year 198485 within time. A raid was organised by the Income-tax Department into both the business as well as residential premises of the petitioner on February 8, 1985. The petitioner had thereafter on January 28, 1986, voluntarily filed his income-tax return under section 139(4) of the Act for the assessment year 1984-85. The petitioner also filed the income-tax return for the year 1985-86 on January 28, 1986, within 35 days from the service of notice under section 139(2) of the Act. The Income-tax Officer accepted the returns of the petitioner and determined the amount of tax payable for the two assessment years. But the Incom .....

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..... re. He filed a disclosure petition on February 23, 1985, i.e., within 15 days before the Commissioner of Income-tax, Meerut. Subsequently, he disclosed an additional income of Rs. 30,000 on June 3, 1986, and the matter came up before the Commissioner who by the impugned order held that since the petitioner-assessee has without reasonable cause failed to furnish the return within the time allowed, he could not be permitted to furnish further particulars beyond that date. Any explanation submitted by him beyond the said period was unacceptable as the facts of the case reveal that it was not a voluntary disclosure but was made when it was found by him that the Department is possessed of all the material with it. Section 273A requires the ass .....

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..... ct only when such disclosure is made within the time laid down in the Explanation. The time stipulated in the Explanation is fifteen days from the date of the search. There is no power vested in the Commissioner to extend that period of time. When the law provides for a specific period of time and does not give the authority, as to who is to entertain such an application for enlarging time, the time so provided has to be adhered to. Any subsequent disclosure would not partake of the disclosure stipulated under Explanation 2 nor would it in effect be the deeming clause made therein. Consequently, any disclosure made after fifteen days would not attract the benefit of the deeming clause in Explanation 2 to section 273A of the Act. The Commiss .....

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