2006 (1) TMI 50

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....r, in other words, whether the two questions proposed by the appellant involves any substantial questions so as to admit the appeal? It is not in dispute that the pre-requisite of admitting any appeal under section 260A of the Income-tax Act is to find out involvement of substantial question of law. 3 Heard Shri P. M. Choudhary, learned counsel for the appellant. 4 Having heard learned counsel for the appellant and having perused the record of the case, we are of the view that the appeal does not involve any substantial question of law as is required to be made out under section 260A of the Act and hence, it merits dismissal in limine, resulting in upholding of the impugned order of the Tribunal. 5 The dispute relates to the assess....

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.... the Act treating the investment as unexplained. The assessee has failed to improve its case even before the Tribunal and thus I do not find any reason to interfere with the first appellate order in the absence of any satisfactory explanation of the assessee. The addition is upheld. The ground is thus rejected." 6 It is against this order, the assessee is in appeal. 7 In our opinion, once the Commissioner of Income-tax (Appeals) and then, lastly, the Tribunal have taken the view in relation to particular addition/deletion and accordingly, made certain direction to the Assessing Officer as mentioned supra then it does not involve any substantial issue of law as such. In other words, this court in its appellate jurisdiction which is def....