2013 (12) TMI 423

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l, D. Awasthi, G. Krishna, R. K. Upadhyay ORDER This appeal under Section 260-A of the Income Tax Act, 1961 has been filed by the Department against the judgment and order dated 25/10/2000, passed by the Income Tax Appellate Tribunal (hereinafter called the "Tribunal") Bench Lucknow in I.T.A. No.906(AllD) of 1993. The dispute relates to the Assessment Year 1980-81. The assessee/respondent is....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d it. In the memo of appeal following substantial question of law have been framed: "1. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was correct in law in confirming action of the Commissioner of Income Tax (Appeals) in deleting the addition of Rs.40,000/. made by the Assessing Officer to the assessee's income on account of unexplained investment ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ircumstances of the case and having regard to the fact that this was not a case of "re-assessment" and the assessment was made for the first time by issue of notice under section 148 of the Income Tax Act, 1961, the Income Tax Appellate Tribunal was correct in law in upholding the action of the Commissioner of Income Tax (Appeals) in deleting interest under sections 139(8), 215 and 217 of the Inco....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ng recorded by the First Appellate Authority is essentially a finding of fact and calls for no interference in this appeal.There being no evidence of any fresh investment in the previous year, the A.O. was not justified in making the addition of Rs.40,000/- as unexplained investment. So far as the question nos. 2 to 4 are concerned, the learned Standing Counsel has placed reliance upon the deci....