Virag Tiwari v. PCIT (2018) 164 DTR 33 / 301 CTR 602/ 256 Taxman 103 (Delhi )(HC) .Editorial : SLP granted to asseseee,Virag Tiwari v. PCIT (2021) 283 Taxman 188 (SC)
Pradhan Mantri Garib Kalyan Yojna 2016 ( PMGK Scheme) Finance Act , 2016
S.199: PMGK Scheme is self contained complete code-Benefit of credit for advance tax paid at any stage before , during pendency of Scheme or thereafter cannot be given- No provision prohibits or bars an assessee, who had made true and correct disclosure, to partly take benefit of the option under S. 115BBE and partly exercise the second option in the form of declaration under PMGK Scheme. The sections do not prohibit part declarations under both options, provided entire undisclosed income has been accounted for in the declaration made under PMGK Scheme and S.115BBE. [S.199A to 199R, S,115BBE, 216 ]
Allowing the petition the Court held that , PMGK Scheme is self contained complete code. Benefit of credit for advance tax paid at any stage before , during pendency of Scheme or thereafter cannot be given-No provision prohibits or bars an assessee, who had made true and correct disclosure, to partly take benefit of the option under S. 115BBE and partly exercise the second option in the form of declaration under PMGK Scheme. The sections do not prohibit part declarations under both options, provided entire undisclosed income has been accounted for in the declaration made under PMGK Scheme and S. 115BBE. (Circular No 2 of 2017 , dated 18-1-2017 (2017) 390 ITR 125 (St))