2008 (9) TMI 971 - HC - Income Tax

Summary

Issues involved: Appeal against the order passed by the Income-tax Appellate Tribunal confirming the order regarding case credit under Section 68 of the Income-tax Act for the assessment year 1998-99.

The judgment addresses the appeal filed by the assessee against the order passed by the Income-tax Appellate Tribunal, Bangalore Bench, confirming the order related to case credit under Section 68 of the Income-tax Act for the assessment year 1998-99. The key issues raised include whether the sale transaction declared in the regular returns is taxable under Section 68, and whether the goods sold under the transactions are the same as those declared under the Voluntary Declaration of Income Scheme 1997. The Court noted that similar substantial questions of law were addressed in a previous case and proceeded to answer the questions affirmatively based on the findings in the earlier case. Consequently, the Court allowed the appeal, set aside the Tribunal's order, and remitted the matter to the assessing officer for fresh orders in line with the observations made in the judgment.