2001 (2) TMI 34

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l (Chief Justice) and Justice Bhagwati Prasad. After hearing learned counsel, Shri Sandeep Bhandawat, for the appellant, this appeal was dismissed by a brief reasoned order because according to their Lordships no substantial question of law was arising in appeal for consideration and on the admitted facts the Tribunal did not find any merit in the appeal filed by the Revenue with the observation that though the learned Tribunal has not specifically referred to a proviso to section 161(1A), it applied the law correctly to the admitted facts of the case and decided the matter. The aforesaid order passed by the Division Bench of this court was challenged by the appellant before the Supreme Court by way of Civil Appeals Nos. 872 to 877 of 20....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... (1) An appeal shall lie to the High Court from every order passed in appeal by the Appellate Tribunal, if the High Court is satisfied that the case involves a substantial question of law... (3) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. (4) The appeal shall be heard only on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question: Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substatntial question of law not formulated by it, if it is sat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....st relying upon the judgment of the Supreme Court in CWT v. Trustees of H.E.H. Nizam's Family (Remainder Wealth) Trust [1977] 108 ITR 555. In the income-tax appeal the Tribunal observed that the cases on hand before it were similar to the cases decided by the Special Bench of the Tribunal in Mohd. Omer Family Trust v. ITO [1992] 40 ITD 1 and accordingly all the appeals filed by the Revenue were dismissed. The same were challenged by the Department by way of this and other five appeals. Mr. Bhandawat, learned counsel for the Department, submitted that the following two substantial questions of law are arising in this appeal, which are as under: "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribun....