2014 (10) TMI 113

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....eard Mr.Gupta, the learned senior counsel. With his assistance, we perused the order dated 30th September, 2011 impugned in this appeal. The Tribunal has allowed the appeal of the assessee and held that the order of the Commissioner of Income Tax (Appeals) dated 24th February, 2009 and that of the assessing officer, both pertaining to assessment year 2001-02 are contrary to the special legal provi....

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....n the assessee disclosed a total income of Rs. 12,79,428/- which included inter alia a claim of deduction under section 80HHC of the Act amounting to Rs. 1,91,97,447/-. This return of income was subject to scrutiny assessment under section 143(3) of the Act and by an order dated 3rd December, 2007, the total income was assessed at Rs. 12,75,428/- and the claim of deduction under section 80HHC was ....

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....ase. 4. After perusing the order passed by the Tribunal, we are unable to agree with Mr.Gupta. The Tribunal in paras 6 & 7 of the order under challenge has held that the assessee had disclosed all material facts. Had they not been disclosed, then, it was not possible for the revenue to bifurcate the income from the export and income from salary. If the deduction which was disclosed as income fr....