2007 (1) TMI 152

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....MAR J.- The Revenue has come in appeal under section 260A of the Income-tax Act, 1961 against the order dated April 24, 2006, passed by the Income-tax Appellate Tribunal in I.T.A. No. 1167/Chd./2004. The Tribunal has rejected the appeal of the Revenue and upheld the order of the Commissioner of Income-tax dated August 31, 2004, and had set aside the order of assessment dated March 26, 2001, made b....

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....s. 51,675 which comprises of business income of Shri Mohd. Aslam Khan (minor) at Rs. 26,400 including rental income. The learned Assessing Officer made the assessment at an income of Rs. 1,96,335 on account of alleged unexplained payment made to the Estate Officer, UT Chandigarh towards instalment of SCO No. 42. The assessee made payment of Rs. 64,660 on February 15, 1997, and Rs. 80,000 on July 1....

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....mounts. The loan raised was returned in January, 1999. Sh. Rattan Singh could not be produced as he was not available at that time and Assessing Officer showed his inability to give more time being time-barring assessment. This fact was not disputed by the Revenue that this person was produced before the learned first appellate authority. As far as confirmation of gift from a relative Mrs. Hurmat ....

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....ng no merit." A perusal of the aforementioned finding recorded by the Tribunal shows that the question of facts have been determined by the Tribunal by accepting the identity of Rattan Singh who had advanced loan of Rs. 64,660 to the assessee and other persons. We have heard learned counsel at some length and are of the view that no question of law warranting admission of the appeal would ar....