COMMISSIONER OF INCOME TAX Vs. JOHN MATHEW

JUDGEMENT

(1.) THE question of law referred is as follows: "whether, on the facts and in the circumstances of the case and considering that a search was conducted on the premises of the assessee under section 132 of the Income-tax Act, is the itat right in law in holding that the assessee is entitled for the benefits under Amnesty Circular?"

(2.) THE assessee filed the return of income for the assessment year 1985-86 claiming the benefits of amnesty Circulars. THE assessing officer rejected the claim of the assessee on the ground that no full disclosure was made and therefore the assessee was not entitled to the benefits under the Amnesty Circulars, THE Dy. CIT. (Appeals) confirmed the order of the assessing officer. THE assessee took up the matter in appeal before the Tribunal. THE Tribunal held that the assessee was entitled to the benefits under the Amnesty scheme.