Diamond Glass Agencies vs Commissioner Of Income-Tax And Others on 18 November, 1996
11. So, a reading of clause (c) clearly shows that the assessee should have made disclosure of income and should have paid the tax on the income so disclosed. There is no doubt that, on the facts and circumstances of this case, it has not been done. On the other hand, the argument of learned counsel for the petitioner seems to be that the provisions of the Act do not fix the point of time at which the tax to be paid and as such the petitioner is entitled to the benefit of section 273A of the Act. I am unable to agree with the contention of learned counsel. When Parliament has clearly enacted the provision in section 273A of the Act, as extracted above, I do not find any difficulty to hold that the petitioner is not entitled to invoke the provisions of section 273A of the Act. That is the view taken by the two learned judges of the Madras High Court in B. Thangammal v. CIT and S. M. Ziaddin v. CIT [1993] 203 ITR 136.