Allowing the petition, the Court held that, as the amount of tax, surcharge and penalty as required under sections 184 and 185 of the Finance Act, 2016 started with a non obstante clause which provided that notwithstanding anything contained in the Income-tax Act, 1961 or any Finance Act, the person making the declaration of undisclosed income, in addition to the declared income under section 183, was chargeable to tax at 30 per cent. and surcharge and penalty as provided. Therefore, the amount deposited by the assessee voluntarily on December 23, 2015 was required to be considered as a payment made by the assessee relatable to the income disclosed for the assessment year 2012-13 in the facts of the case and the Department ought to have considered the amount being paid under the 2016 Scheme as stated by the assessee in column 11 of the declaration in form 1 and further as stated in form 3 in the absence of any prohibition for consideration of such payment made prior to the notified date, i. e., November 30, 2016. The Department was to treat the payments made on December 23, 2015 as part of the payments under the 2016 Scheme and adjust them accordingly, holding that full payment of tax, surcharge and penalty as computed for the undisclosed income declared in Form 1 had been made, and to issue Form 4 within four weeks from receipt of the order.\u00a0 (AY. 2012-13)<\/p>\n","protected":false},"excerpt":{"rendered":"
Income Declaration Scheme, 2016.-Finance Act, 2016(2016) 384 ITR 87 (St)
\nS. 183: Declaration of undisclosed income-Self-assessment tax paid-Part payment was made prior to commencement of Scheme-Payment made prior to 1-6-2016 relatable to disclosed income required to be adjusted towards tax, surcharge and penalty under Scheme. Full payment stood made. Direction to issue Form 4 under 2016 Scheme Income-tax Act.[S.184, 185, Art. 226] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[21],"tags":[],"class_list":["post-65487","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-h2f","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/65487","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=65487"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/65487\/revisions"}],"predecessor-version":[{"id":65488,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/65487\/revisions\/65488"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=65487"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=65487"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=65487"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}