2017 (7) TMI 853 - SCH - Income Tax

Claim of the assessee under Section 88-HHC - Whether Tribunal was justified in law in holding that the claim of the assessee under Section 88-HHC is justified even if he had not furnished the report of an accountant along with the return of income? - Held that - We are of the opinion that the question formulated above is a substantial question of law which arises for determination and therefore the High Court should not have dismissed the appeal of the Revenue in limine. Having regard to the fact that it is an old matter we could have decided the aforesaid question of law ourselves. However since the respondent has not put any appearance we are refrained from adopting the aforesaid course of action.

Summary

The Supreme Court allowed the appeal filed by the Commissioner of Income Tax under Section 260-A of the Income Tax Act, remanding the case back to the High Court to decide a substantial question of law regarding the claim of the assessee under Section 88-HHC.