COMMISSIONER OF INCOME TAX Vs. SANJIV MISRA

JUDGEMENT

(1.) PRESENT appeal under Section 260A of the IT Act, 1961 has been filed against the judgment and order dt. 12th Sept., 2008 passed by Tribunal Lucknow Bench 'A' Lucknow in appeal No. ITA No. 564/Luck/2008 for the asst. yr. 2003 -04.

(2.) FOLLOWING substantial question of law has arisen in the present case: (ii) On the facts and in the circumstance of the case whether the learned Tribunal has erred in holding that there was no concealment of income/furnishing of inaccurate particulars without considering the case of Revenue and appreciating that the assessee claimed the excess deduction under Section 10B even when he knew fully well that the export sale proceeds amounting to Rs. 29,48,843 have not been brought into India within the time -limit prescribed under Clause (3) of Section 10B.

(3.) SRI D.D. Chopra, senior learned standing counsel for the IT Department contended with vehemence that in the present appeal, case of Revenue has not at all been considered while extending benefit to assessee and as such decision -making process adopted by Tribunal is vitiated in law.