<s>[INST] Can a declaration be made of undisclosed income which has been assessed to tax and the case is pending before an Appellate Authority? [/INST] ​​​​As per section 189​ of the Finance Act, 2016, the declarant is not entitled to re-open any assessment or reassessment made under the Income-tax Act. Therefore, he is not entitled to avail the tax compliance in respect of such income. However, he can declare other undisclosed income for the said assessment year which has not been assessed under the Income-tax Act. </s>