High Court Of Madras
CIT vs. A.P. Visalakshi Achi
Section 256(2)
R. Jayasimha Babu & K. Gnanaprakasam, JJ.
T.C.P. No. 17 of 1999
3rd April, 2001
Counsel Appeared
O. Anandaram, for the Revenue : None, for the Assessee
JUDGMENT
R. JAYASIMHA BABU, J. :
Counsel contends that the amnesty scheme is available only to those who pay tax under that scheme. The scheme is one for “disclosure” and payment of tax is incidental. Disclosure of income which has the effect of reducing the loss is also a disclosure and that is what has been held by the Tribunal.
2. We have not been shown anything in the scheme which makes it mandatory that the benefit of the scheme cannot be granted to an assessee who, as the result of the disclosure, is not obliged to make a payment.
We do not see any infirmity in the order of the Tribunal. The petition is dismissed.
[Citation : 254 ITR 493]
