2025 (5) TMI 714

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....: "Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in setting aside the order under section 263 passed by PCIT by holding that the same is not within the purview of section 263 of the act without considering the fact that the assessment order without valuation report of the DVO is erroneous and prejudicial to the interest of Revenue"? 3. Learned counsel representing the Assessee vehemently argues that going by the pith and substance of the same question, it cannot be termed as a 'question of law', let alone 'Substantial Question of Law'. 4. This Court in ITA No.383/2016, disposed on 20.07.2022, has discussed the idea of Substantial Question of Law keeping in view Section 100 of....

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....s to be recorded, the appeal on any other substantial question of law, in addition to or substitution of the one framed in the appeal memo, if it is satisfied that the case involves such other question. (ii) The appeal, be it of the Revenue or the Assessee, lies only "... if the High Court is satisfied that the case involves a substantial question of law ..." Sub-Section (7) of Section 260A states that the provisions of Code of Civil Procedure, 1908 relating to appeals to the High Court, as far as may be, apply to these appeals. This Section is analogous to Section 100 of CPC. Noticeably, both these Sections i.e., Section 260A of 1961 Act and Section 100 of CPC do not define the expression 'substantial question of law'. The Apex Court vi....