2005 (1) TMI 11

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....r the Revenue. Admit. Notice. (Bhawani Singh) (Shambhoo Singh) Chief Justice Judge." Heard  Shri R. L. Jain, learned senior counsel with Ku. V. Mandlik, 2 learned counsel for the Revenue. None for the assessee. 3 Under section 260A of the Act, the appeal can be admitted for final hearing only when it involves any substantial question of law. Sub-section (3) then obliges the High Court to formulate substantial question of law which in the opinion of the High Court is involved. Sub-section (4) then powers the High Court to hear and decide the appeal only on the question so formulated. The proviso to sub-section (5) enables the High Court to decide the appeal on reasons to be recorded on any question not initially framed provided....

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.... reason, the Commissioner took shelter of section 263 powers and finding these defects / infirmities to be prejudicial to the interests of the Revenue issued notice to the assessee and called upon to show as to why the order of assessment to the extent mentioned supra, i.e., in relation to the aforesaid entries be not set aside. The assessee ified reply and explained as to why the entries referred be upheld. The Commissioner did not accept the explanation of the assessee and passed the order. It is this order the assessee challenged in appeal before the Tribunal. By the impugned order, the Tribunal allowed the appeal in part and deleted some of the issues in favour of the assessee. This appeal is filed by the Revenue against that part of th....