2005 (8) TMI 101

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....rred by the Revenue under section 260A of the Income-tax Act, 1961 (for short "the Act"), against the composite order passed by the Income-tax Appellate Tribunal, Indore on July 12, 2004. I. T. A. No. 116 of 2004 was for the assessment year 1997-98, whereas I. T. A. No. 117 of 2004 is also for the same assessment year 1997-98. The appeals before the Tribunal were also preferred by the Revenue o....

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....disclosed under the Voluntary Disclosure of Income Scheme, return of the income was not filed as required under section 139(1) of the Act. The assessee decided to disclose the entire current income based on the audit report under the Voluntary Disclosure of Income Scheme. Though nil income was shown in the return of income filed by both the assessees on January 19, 1998, the Assessing Officer esti....

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....he said appeals the assessees also preferred cross-objections by which the prayer for refund of advance tax was refused by the Commissioner, but during the course of hearing before the Tribunal the said cross-objections were not pressed. Now, the only question is whether the Commissioner of Income-tax (Appeals) was justified in accepting the returns of the assessee, which were filed beyond the ....