( 1 ) THE issue involved in all these appeals is whether the time for payment fixed under section 67 of the Voluntary Disclosure of Income Scheme, 1997 (referred to hereafter as the Scheme) is extendable.

( 2 ) THE issue has given rise to conflicting views taken not only by different High Courts but also by different Benches of the same High court. On the one hand, the decisions Smt. Laxmi Mittal v. Commissioner of Income Tax reported in 238itr 97 (P and H), E. Prahalatha babu v. Commissioner of Income Tax 241 itr 457 (Mad.) and Commissioner of Income tax v. . Prahalatha Babu 249 ITR 309 (Mad.) have held that the period is extendable, whereas on the other hand, the decisions in Kamal soodv. Union of India, 241 ITR 567 (Pandh); vyshnaui Appliances Put. Ltd. v. Central board of Direct Taxes and Anr. , 243 ITR 101 (AP); Smt. Atamjit Singh v. Commissioner of Income Tax, 247 ITR 356 (Karri.) and M. Kuppan v. Commissioner of Income Tax, 249 itr 543 (Mad.); K. Dilip Kumar v. Asstt. Commr. of Income Tax and Ors. 241 ITR 16 (Ker), have held that the period mentioned for payment of the tax due on the undisclosed income was inflexible.

( 3 ) THE scheme was introduced by and is contained in the Finance Act, 1997. It came into force with effect from 1st July, 1997 and remained in operation till 31st March, 1998. Section 64 of the Scheme provides that subject to the provisions of the Scheme, where any person makes, on or after the date of the commencement of the Scheme, but on or before the 31st December, 1997, a declaration in accordance with the provisions of Sec. 65 in respect of any income chargeable to tax under the Income Tax Act, 1961 for any assessment year in respect of which such person had either (a) failed to furpish a return or (b) failed to disclose in his return such income or which has escaped assessment by reason of omission or failure on the part of such person to make a return under the Income Tax Act or (c) to disclose fully and truly all material facts necessary for the assessment, then such person would be entitled to pay tax on such undisclosed income, if the assessee is an individual, at the rate of 30% thereof. We need not consider the case of a company or a firm, as the assessee before us are all individuals.

( 4 ) SECTION 65 deals with the particulars to be furnished in such declaration. These need not be set out in detail as there is no dispute with regard to the declarations filed by the assessees in the appeals before us.

( 5 ) WE are concerned with Sections 66 and 67 and the language used therein, since the answer to the question framed at the outset would depend on the interpretation of the provisions of these sections. These Sections provide :"66. The tax payable under this Scheme in respect of the voluntarily disclosed income shall be paid by the declarant and the declaration shall be accompanied by proof of payment of such tax. Interest payable by declarant. 67. (1) Notwithstanding anything contained in Section 66, the declarant may file a declaration without paying the tax under that section and the declarant may file the declaration and the declarant may pay the tax within three months from the date of filing of the declaration with simple interest at the rate of two per cent for every month or part of a month comprised in the period beginning from the date of filing the declaration and ending on the date of payment of such tax and file the proof of such payment within the said period of three months. (2) If the declarant fails to pay the tax in respect of the voluntarily disclosed income before the expiry of three months from the date of filing of the declaration, the declaration filed by him shall be deemed never to have been made under this Scheme. "voluntarily disclosed income not to be included in the total income.

( 6 ) IN the several appeals which have been filed before us, some of the appellants are the assessees. In each of their cases it is not in dispute that they had not paid the tax within t