1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR INCOME TAX APPEAL No.55 OF 2006 (The Commissioner of Income Tax-I, Nagpur ..vs.. Shri Shaktikumar M. Sancheti, Nagpur (Dead) through L.R. Smt. Vijaya wd/o Shaktikumar Sancheti and others) WITH INCOME TAX APPEAL No.61 OF 2006 (The Commissioner of Income Tax, Nagpur ..vs.. Shri Shaktikumar M. Sancheti, Nagpur (Dead) through L.R. Smt. Vijaya wd/o Shaktikumar Sancheti and others) WITH INCOME TAX APPEAL No.63 OF 2006 (The Commissioner of Income Tax-I, Nagpur ..vs.. Shri Abhay H. Sancheti, Nagpur) WITH INCOME TAX APPEAL No.74 OF 2006 (The Commissioner of Income Tax-I, Nagpur ..vs.. Shri Chainsukh M. Sancheti, Nagpur) ------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------ Shri Anand Parchure, Advocate for the appellants, Shri M.S. Bhattad, Advocate for the respondents. CORAM:- J.P. DEVADHAR AND A.B. CHAUDHARI, JJ. DATED :- 14 th OCTOBER, 2010 1. On the basis of the materials seized during the course of search and seizure operations carried out under Section 132 of the Income-tax Act, 1961 on 03-7-1997, the A.O. made additions in the hands of the respondents-assessees. These additions were deleted by the Income Tax Appellate Tribunal on the ground that an Association of persons had claimed that the undisclosed income discovered during the course of search conducted on 3/7/1997 belonged to the A.O.P. and offered the same to tax under the V.D.I.S. 2 Scheme, 1997 and the Commissioner of Income-tax, Vidarbha, Nagpur has accepted the same and issued a certificate under Section 68(2) of the Voluntarily Disclosure of Income-tax Scheme, 1997 on 1/9/1997. Admittedly, that certificate issued by the Commissioner is still valid and subsisting and no action has been taken to invalidate the said certificate. If the undisclosed income discovered during the course of search is already taxed in the hands of A.O.P., the very same amount cannot be brought to tax once again in the hands of the assessees. Once the C.I.T. has accepted that the amount in question belongs to the A.O.P., so long as that order stands, the question taxing the amounts in question in the hands of the assessees does not arise at all. 2. In these circumstances, the decision of the Tribunal in setting aside the additions made by the A.O. cannot be faulted. Accordingly, all these appeals are dismissed. JUDGE JUDGE pma