Law:

Section:

Section 146 of Income-tax Act, 1961, read with section 69 of Finance Act, 1997 - Reopening of assessment at instance of assessee - Assessment years 1994-95 and 1995-96 - One 'A', widow of assessee, filed returns disclosing capital gains which were accepted by Department by completing assessment under section 143(1)(a) - However, subsequently, upon introduction of Voluntary Disclosure of Income Scheme (VDIS), son of assessee filed a declaration disclosing entire income from capital gains which included income returned and assessed in hands of his mother - Thereafter, 'A' filed revision petitions before Commissioner against her assessment contending that very same income, namely, capital gains assessed in her hands was declared by her son under VDIS and was taxed in his hands, and therefore, she was entitled to refund - Whether even though there was no bar against reopening of assessment under section 69 of Finance Act, 1997, 'A' was not entitled to relief for reason that assessment challenged in revision petitions was based on returns filed and completed under section 143(1)(a) and there being no mistake in said assessment, there could be no scope for interference - Held, yes - Whether mistake, if any, happened only in voluntary disclosure of income made by her son wherein he included assessed income also as escaped income in declaration, and, therefore, correction, if any, possible, should have been sought only by asking for cancellation of VDIS certificate - Held, yes FACTS For the assessment years 1994-95 and 1995-96, Mrs. A, the widow of the assessee filed returns of income of assessee disclosing capital gains which were accepted by the department by completing the assessment under section 143(1)(a). However, later when the Voluntary Disclosure of Income Scheme was introduced by the Finance Act, 1997, her son filed a declaration disclosing the entire income from capital gains which included the income returned and assessed in the hands of his mother. After the declarant furnished a declaration and paid tax under the said scheme, his mother filed revision petitions before the Commissioner against the assessments contending that the very same income, namely,…

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