2004 (4) TMI 18

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....- Having heard learned counsel for the appellant (Revenue) and having perused the record of the case, we are unable to notice any question of law, much less substantial question, as is required to be made out for the purpose of entertaining the appeal under section 260A of the Income-tax Act, 1961. On a perusal of the impugned order rendered by the Tribunal, which was passed on two appeals, one....

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....issioner of Income-tax (Appeals) while deciding the appeal of the assessee ought not to have given direction to initiate proceedings under section 148 of the Act against the assessee for the assessment year 1998-99. This direction of the Commissioner of Income-tax (Appeals) was set aside by the Tribunal by holding that there was no case made out for initiation of any proceeding under section 148 o....

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....e the Tribunal and accordingly, these directions were set aside. In our opinion, once the block assessment for the period April 1, 1988 to August 11, 1998, was gone into in proceedings under section 158BC and appropriate reliefs by way of addition and/or deletion were given to the assessee by the Assessing Officer and by the Commissioner of Income-tax (Appeals) and lastly by the Tribunal on the....

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....e Commissioner of Income-tax (Appeals) to have recorded a categorical finding justifying grant of this liberty to the Assessing Officer in case he was so keen to do so. The Tribunal while accepting the contention of the assessee in his appeal rightly set aside these directions. Since we are in agreement with the view taken by the Tribunal on this issue, we do not find that this involves any ....