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2015 (9) TMI 1118 - PUNJAB & HARYANA HIGH COURT

2015 (9) TMI 1118 - PUNJAB & HARYANA HIGH COURT - TMI - Addition made by the A.O. u/s 154 - this amount relates to the amount already declared under the Amnesty Scheme for the A.Y. 1976-77 and 1977-78 and consequently allowed the benefit of set off in the A.Y. 1984-85 - ITAT deleted the addition - Held that:- It was recorded by the Tribunal that the assessee had declared an amount of ₹ 2,40,000/- for the assessment year 1976-77 and ₹ 3,50,000/- for the assessment year 1977-78 under t .....

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e Tribunal in upholding the deletion of ₹ 55,000/- in the current year.

The finding recorded by the Tribunal was not shown to be erroneous or perverse in any manner which may warrant interference by this Court - Decided against revenue. - ITA No. 81 of 2000 - Dated:- 14-8-2015 - Ajay Kumar Mittal And Ramendra Jain, JJ. For the Appellant : Ms Savita Saxena, Adv For the Respondent : Mr S K Mukhi, Adv ORDER Ajay Kumar Mittal, J. 1. The revenue has claimed the following substantial .....

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e A.O. u/s 154 by holding that this amount relates to the amount already declared under the Amnesty Scheme for the A.Y. 1976-77 and 1977-78 and consequently allowed the benefit of set off in the A.Y. 1984-85?" 2. Briefly stated, the facts necessary for disposal of the present appeal are that the assessee is a commission agent dealing in foodgrains and filed its return on 31.3.1985 declaring an income at ₹ 1,48,706/-. The said return was processed under Section 143(3) of the Act which .....

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n of ₹ 3,56,000/- by a sum of ₹ 55,000/-. Feeling aggrieved, the assessee filed an appeal before the Commissioner of Income Tax (Appeals) [for brevity, "the CIT(A)"]. The CIT(A) vide order dated 25.3.1991 and dated 28.2.1992 (Annexure A-2 Colly) allowed the appeal and deleted the addition of ₹ 55,000/-. Being dissatisfied, the revenue filed an appeal before the Tribunal who vide orders dated 21.4.1998 and dated 28.10.1999 (Annexure A-3 Colly) dismissed the appeal. Hen .....

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passed by the Tribunal. 5. After hearing learned counsel for the parties, we do not find any merit in the appeal. The Tribunal while dismissing the appeal of the revenue had held as under:- "5. A perusal of the impugned order of the Tribunal shows that the addition came to be deleted taking note of the fact that the assessee had declared substantial amounts under the Amnesty Scheme, i.e., ₹ 2,40,000/- for assessment year 1976-77 and ₹ 3,50,000/- for assessment year 1977-78 and .....

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