9911796707
TMI Blog1999 (9) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... and 1992-93, for which no returns were filed by him under Section 139(1) of the Income Tax Act (for short the Act ). Later, the petitioner had paid the tax as computed under the said declaration on 31 st March, 1998 and sought for the issuance of a certificate under the Scheme. However, the said payment of lax was beyond the prescribed period under the Scheme as there was a delay of one day. Since the declaration was filed on 27-12-1997, the tax had to be paid by the declarant within a period of three months from the date of declaration along with simple interest at 2% per month as provided under Section 67 of the Scheme. Therefore, the respondents declined to grant the certificate under Section 67(2) of the Scheme in view of the delay in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same? 5. The Scheme was enunciated under the Finance Act, 1997 (Act 26 of 1997) with a view to give concessional rate of tax and immunity in respect of disclosure of concealed income. The Scheme is a self contained one providing the procedure. Therefore, one has to look into the provisions contained therein for any situation arising on the facts. Section 65 contemplates the filing of a declaration for any assessment year with all the particulars in the form specified therein. Section 66 contemplates the proof of payment of tax to be accompanied along with the declaration. However, Section 67(2) provides for the payment of tax at a later stage not beyond the period of three months from the date of declaration with simple interest at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mply with the requirements. It contemplates the payment of tax along with the declaration itself, but at the same time, making a provision for payment of tax at a later stage not beyond three months from the date of filing the declaration with interest. Further, sub-section (2) of Section 67(2) stresses upon the mandatory requirement of payment of tax within the outer limit of time and in the event of any such non-payment of tax, the declaration shall be deemed never to have been made under the Scheme, i.e., it will be non-est. Section 70 of the Scheme contemplates that no amount of tax paid in pursuance of a declaration shall be refundable under any circumstances. Necessarily, it would only mean that the expression declaration used in Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eld: It appears to us that the intention of this section was only to state that there will be no cash refund of the tax paid in pursuance of the declaration made under sub-section (1). It will not, however, stand in the way of adjustment of the amount if the declaration itself is not acceptable as not falling under Section 64(1) . 8. Therefore, in view of the above reasons, it cannot be said that the Revenue can retain the tax paid and the petitioner is not entitled for the refund. 9. In the result, the writ petition is allowed with a direction to the respondents to refund the tax paid under the declaration dated 27-12-1997 to the petitioner herein within a period of two months from the date of receipt of a copy of this order un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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