- (1.) This appeal by the revenue is directed on the ground that the AAC erred in law in holding that the salami receipts of Rs. 74,868 arising from business are exempt under section 10(3) of the Income-tax Act, 1961 (the Act).
(2.) This is a restored appeal inasmuch as this was originally disposed of by the Tribunal by its order dated 26-3-1973. At the time of hearing, the appeal, originally a preliminary objection was raised on behalf of the assessee that the appeal was barred by limitation. The Tribunal, however, held that the appeal was in time and that finding of the Tribunal was upheld by the Honble High Court at Calcutta. The Honble High Court, however directed that the ITO be permitted to amend the date of verification of the memorandum of appeal filed before the Tribunal. It is important to mention in this connection that the Tribunal while disposing the appeal by its order dated 26-3-1973 did not deal with the merit of the case.
(3.) In pursuance of the direction of the Honble High Court, the Tribunal again heard the appeal and disposed of the same by its order dated 8-2-1979 directing the ITO to amend the date of verification of the memorandum of appeal filed before it and observed that the said appeal be fixed for hearing and final disposal after the necessary amendment was made by the ITO. since the necessary amendment has been made by the ITO, the present appeal has come up for hearing.;