2005 (2) TMI 96

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....ssessee under section 260A of the Income-tax Act, 1961, against an order dated August 25,2004, passed by the Income-tax Appellate Tribunal in I. T. A. No. 1204/Ind of 1996. In short, the question that arises for consideration in this appeal is, whether this appeal involves any substantial question of law as is required to be made out under section 260A of the Act that being the prerequisite for....

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....of law, much less a substantial question of law. In substance, the question relates to addition/deletion of unexplained investment of Rs. 2,00,000 made by the assessee in purchase of plot on August 28, 1989. It is this question, which was examined by the Assessing Officer, the Commissioner of Income-tax (Appeals) and lastly by the Tribunal on facts and evidence adduced by the parties (assessee)....

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....vidence and the statements of persons for showing that it supports his version. We are afraid, it is not so possible. It is again going into the area of evidence and that too oral. We do not consider it possible to go into such refined way of appreciation of oral evidence for upsetting the factual finding of fact in our second appellate jurisdiction under section 260A, nor are we prepared to accep....