9911796707
TMI Blog1978 (2) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... k the matter to the High Court in appeal under section 269H of the Act, which was admitted to hearing on 31st of March, 1975. During the pendency of the appeal, on 8th of October, 1975, the Voluntary Disclosure of Income and Wealth Ordinance, 1975, was promulgated, under which certain facilities were allowed to persons and assessees, who voluntarily disclosed their income and wealth. This Ordinance was replaced by the Voluntary Disclosure of Income and Wealth Act, 1976 (hereinafter referred as "Act No. 8 of 1976"). On 27th of November, 1975, the Government of India issued a press note explaining the circumstances under which the acquisition proceedings initiated under Chap. ter XX-A of the Income-tax Act would be dropped in cases where declarations in relation thereto were made under the Voluntary Disclosure of Income and Wealth Ordinance, 1975. It clarified that where the transferee makes a declaration disclosing difference of income equal to the difference between the apparent consideration plus 15 per cent. thereof and the fair market value as estimated by the competent authority and also files an affidavit to the effect that he had paid the extra money as admitted by way of pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the pendency of the appeal, provided by section 269H of the Act, in the High Court. When the voluntary disclosure was made and the requirements of the press note were complied with, the acquisition proceedings had to be dropped. She has prayed for the issue of a writ for the quashing of these orders and dropping the acquisition proceedings. In the written Statement, the respondents admitted the facts of the case. It was stated that the orders under section 269F(6) had become final as the Proceedings were closed with the passing of the orders and the pendency of the appeal did not affect the finality of the order under section 269F. The questions which we are called upon to decide in this case are whether the press note envisages any stage where the proceedings initiated under Chapter XX-A of the Act are to become final and whether in spite of the pendency of the appeal filed by the petitioner in the High Court under section 269H of the Act the order under section 269F(6) had become final and the acquisition proceedings closed with that order. The press note starts with the heading, " Subject :--The Voluntary Disclosure of Income and Wealth Ordinance, 1975--Clarificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he may, after obtaining the approval of the Commissioner make an order for the acquisition of the property under this Chapter ........" Section 269G provides for an appeal against the order of the competent authority to the Appellate Tribunal. Sub-section (7) of this section is rele vant, which is as under : " (7) Save as provided in section 269H, orders passed by the Appellate Tribunal on appeal shall be final." Section 269H provides for an appeal to the High Court by a person aggrieved by any order of the Appellate Tribunal passed under section 269G. Section 269-I deals with the vesting of the acquired property in the Central Government. Explanation to section 269-I(1) is relevant, which is as under : " 269-I. (1) As soon as may be after the order for acquisition of any immovable property made under sub-section (6) of section 269F becomes final, the competent authority may, by notice in writing, order any person who may be in possession of the immovable property to surrender or deliver possession thereof to the competent authority or any other person duly authorised in writing by the competent authority in this behalf, within thirty days of the date of the service of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -tax Act or in any Finance Act, income-tax shall be charged in respect of the income so declared (such income being hereinafter referred to as the voluntarily disclosed income) at the rate or rates specified in the Schedule." Section 14 of the Act No. 8 of 1976 provides for immunity to such persons from penal action by the income-tax department. The press note issued runs as under : " Chapter XX-A of the Income-tax Act, 1961, provides for acquisition of immovable properties in certain cases of transfer. The question, whether the acquisition proceedings initiated under this Chapter could be dropped in cases where declarations in relation thereto are made under the Voluntary Disclosure of Income and Wealth Ordinance, 1975, has been examined. It is clarified that the acquisition proceedings would be dropped in cases where-- Either Only the transferee makes a declaration under the Ordinance disclosing income equal to the difference between-- (i) the apparent consideration plus 15% thereof ; and (ii) the fair market value estimated by the competent authority and also files an affidavit to the effect that-- (a) he had paid the extra money as admitted, by way of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Commissioner on 22nd of March, 1976, on the disclosure submitted to him issued a certificate under section 8(2) of Act No. 8 of 1976, copy of which is annexure " P-3 " to the petition. The issuance of this certificate shows the fulfilment of the conditions of the press note. Order under section 269F(6) is the culmination of the proceedings of the acquisition by the competent authority. Notice under section 269-I(1) to the person in occupation of such property, to deliver possession, is to be issued by the competent authority within "thirty days of the order under section 269F(6) becoming final". Explanation to section 269-I(1) of the Act makes it manifest that the order of the Tribunal made subject to an appeal to the High Court under section 269-H of the Act shall become final on confirmation by the High Court or, if no appeal, as provided, is filed, then, on expiry of the period of limitation. Similar is the import of section 269G(7) also. The provisions only reiterate the general law that all the appealable orders passed by the courts, tribunals or authorities, which are subject to appeal, become final only after the decision of the appeal in case it is filed by the affected ..... X X X X Extracts X X X X X X X X Extracts X X X X
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