LAWS(DLH)-1997-7-24

COMMISSIONER OF INCOME TAX Vs. MALHOTRA J C

Decided On July 31, 1997
COMMISSIONER OF INCOME TAX Appellant
V/S
J.C. Malhotra Respondents

JUDGEMENT

(1.) THIS is a reference under S. 256(1) of the INCOME TAX ACT, 1961, at the instance of the Revenue, seeking the opinion of the High Court on the following question:

(2.) THE reward to the assessee, who was an ITO at the relevant time, had been given by the Central Government directly in connection with the Voluntary Disclosure Scheme. A separate approval of the Central Government for the purpose of exemption under S. 10(17B) of the Act was not given. That being the position, cl. (17B) of S. 10 of the Act was not attracted and the reward was not liable to be excluded from the computation of the income. So is the view taken in CIT vs. S. N. Singh, ITO (1991) 192 ITR 306 (Pat) : TC 32R.650.