Judgment

S.B. SINHA,J.- Leave granted.

2. Interpretation and application of the provisions of Voluntary Disclosure of Income Scheme falls for our consideration in this appeal which arises out of the judgment dated 19-7-2005 passed by the High Court of Judicature at Bombay in Writ Petition (Civil) No. 918 of 2005 dismissing the writ petition filed by the appellant herein, questioning the correctness of an order dated 13-5-2004 passed by the Commissioner of Income Tax, Mumbai City XXV refusing to entertain an application under voluntary disclosure scheme.

3. The appellant is a firm registered under the Partnership Act, 1932. It is also registered under the Income Tax Act, 1961. A search and seizure proceeding was conducted against three individuals Smt. Kuntalaxmi Tanna, Shri Kashyap Tanna and Shri Kauntey Tanna. Office of the appellant was also situate at the same premises where the search and seizure was conducted. A voluntary disclosure by the firm was made in respect of the Assessment Year 1994-1995 for a sum of Rs 2,45,420 and Rs 2,05,470 for the Assessment Year 1995-1996 under the Voluntary Disclosure of Income Scheme, 1997.

4. By an order dated 30-12-1997, the said declaration wa