1981 (7) TMI 124

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....spect of deposit of Rs. 2,02,795. Admittedly the assessee deposited Rs. 2,02,795 under non-resident (External Account). This deposit was received under the foreign remittance scheme. The WTO accepted the return of net wealth in which the assessee had failed to claim the above exemption. The AAC declined to interfere as the assessee had not claimed the exemption in the return filed by him. The asse....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....) 1 : (1978) 111 ITR 1 (SC) and submitted that the assessee can not agitate this point. 3. We find that the decision of the Supreme Court referred to above is not applicable in the assessee's case. In the first instance all the material facts were there already and the WTO should have considered the matter correctly. Secondly, the AAC was also not right in not examining the legal position, since ....