COMMISSIONER OF INCOME TAX Vs. AGATHA MIRANDA

JUDGEMENT

(1.) THE appeal by Revenue is against the order of the tribunal dismissing the appeal filed by Revenue. The proceedings by way of penalty were initiated against the Assessee herein. This is not a case where the income was not disclosed. The issue was whether the said income could be considered for the purpose of Section 80hhc benefits.

(2.) CONSIDERING the law laid down by the Supreme Court in T. Ashok Pai V/s. Commissioner of Income Tax, Bangalore (2007 (7) SCC 162), and considering the power of the tribunal under Section 273 (b), in our opinion the question of law as framed would not arise and, consequently, appeal is dismissed.