COMMISSIONER OF INCOME TAX Vs. ASHA S. KHURANA

JUDGEMENT

(1.) IN all these income -tax applications, the question raised is, whether the Tribunal was justified in deleting penalty levied under s. 271(1)(c) of the IT Act, 1961, by holding that the additions made in the assessments were under the amnesty scheme issued under the Finance Act, 1985 ?

(2.) AS per the circular issued under the amnesty scheme, the benefit is not available where the premises of the assessee were searched by the tax authorities. In the present case, from the impugned order, it is seen that the search operations were carried out at the business premises of Hotel Woodlands of which the assessee is the proprietor.

(3.) IN this view of the matter, the findings recorded by the Tribunal need consideration. Accordingly, all the applications are allowed on the following questions of law :