Pakistan Case Lawโ† Search
1999 PTD 3630

COMMISSIONER OF INCOME-TAX vs J. C. MALHOTRA

Citation1999 PTD 3630
CourtDelhi High Court
Case No.Income-tax Reference No,162 of 1980
Date1997-07-31
Judge(s)R. C. Lahoti, J. K. Mehra
ResultReference answered

1. ' R. C. LAHOTI, J.---This is a reference under section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, seeking the opinion of the High Court on the following question: "Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the cash award of Rs, 920 is exempt from taxation under section 10(17B)?"

2. ' The reward to the assessee, who was an Income-tax Officer at the relevant time, had been given by the Central Government directly in connection with the Voluntary Disclosure Scheme. A separate approval of the Central Government for the purpose of exemption under section 10(17B) of the Act was not given. That being the position, clause (17B) of section 10 of the Act was not attracted and the reward was not liable to be excluded from the 'computation of the income. So, is the view taken in CIT v. S. N. Singh, ITO (1991) 192 ITR 306 (Patna).

3. ' For the foregoing reasons, the question is answered in the negative, i,e,, in favour of the Revenue and against the assessee.

4. ' No order as to costs.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch