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2004 (12) TMI 53
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.... appeal filed by the Revenue (Income-tax Department) under section 260A of the Income-tax Act, 1961 against an order dated July 14, 2004, passed by the Income-tax Appellate Tribunal in IT(SS)/58/Ind of 2002, CO No. 80/Ind of 2002 for the block period 1989-90 and IT(SS)/71/Ind of 2002 for the block period 1989-90. In short, the question that arises for consideration in this appeal is, whether th....
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....Act. The Assessing Officer did not accept the explanation offered by the assessee 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) a....
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....is court in its appellate jurisdiction which is defined under section 260A ibid, cannot again de novo held yet another inquiry with a view to find out whether the explanation offered by the assessee and which found acceptance by two appellate authorities, namely the Commissioner of Income-tax (Appeals) and the Tribunal is good or bad, or whether it was rightly accepted or not. It is only when the ....