R.V. Raveendran J.—The question that arises for consideration in this petition is whether the Commissioner can condone the delay on the part of the declarant in paying the tax in respect of the income declared under the Voluntary Disclosure of Income Scheme, 1997.

2. The Voluntary Disclosure of Income Scheme, 1997 (in short "the scheme"), introduced by Chapter IV of the Finance Act, 1997 ("the Act" for short), was in force between July 1, 1997, and December 31, 1997. The relevant provisions of the Scheme are :

Section 64 of the Act relates to charge of tax on voluntarily disclosed income. It provides for filing of a declaration in respect of any undisclosed income chargeable to tax under the Income Tax Act (as enumerated in Subsection (1) of Section, 64) in the manner provided in Section 65, between July 1, 1997, and December 31, 1997.

3. Section 65 provides that a declaration under Section 64(1) shall be made to the Commissioner and such declaration shall be in the prescribed form.

4. Section 66 requires that the tax payable under the Scheme in respect of the voluntarily disclosed income shall be paid by the declarant and the declaration shall be accompanied by proof of paymen