2005 (1) TMI 9

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....f the Income-tax Act, 1961, against an order, dated July 26, 2000, passed by the Income-tax Appellate Tribunal in I. T. A. No. 304/IND/95 for the assessment year 1987-88. 2 In short, the question that arises for consideration in this appeal is, whether this appeal involves any substantial question of law as is required to be made out under section 260A of the Act that being the pre-requisite for ....

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....e and treating the said amount to be that of the assessee added in his total income. The Commissioner of Income-tax (Appeals) as also the Tribunal set aside the order of the Assessing Officer in so far as it related to additions made by him (Assessing Officer). In other words, the Commissioner of Income-tax (Appeals) and Tribunal accepted the factual explanation coupled with the evidence tendered ....

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....under section 260A ibid cannot again de novo hold yet another enquiry with a view to find out whether the explanation offered by the assessee and which found acceptance to the two appellate authorities, namely, Commissioner of Income-tax (Appeals) and Tribunal, is good or bad, or whether it-was rightly accepted, or not. It is only when the factual finding is entirely de hors the subject, or that i....