TMI Blog2015 (2) TMI 853X X X X Extracts X X X X X X X X Extracts X X X X ..... n detail by the CIT (Appeals) and the Tribunal. Upon a perusal of the explanation given by the managing director and the assessee, the Tribunal concluded that the matter has been elaborately and properly discussed by the CIT(Appeals). Once the version of the assessee and in details deserves acceptance, then, we do not find that any substantial question of law arises from the exercise undertaken by the CIT(Appeals) and the Tribunal. The Assessing Officer had a statement of the accountant before him but he did not examine the said accountant. The author of the document/paper also was not examined during the assessment proceedings. She, however, appeared before the CIT (Appeals). The CIT(Appeals) not only examined her but allowed the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by order dated April 29, 2003. He determined the total undisclosed income of ₹ 7,81,85,884 by making the addition of ₹ 7,66,28,884. The assessee, aggrieved by this assessment order carried the matter to the Commissioner of Income-tax (Appeals) who allowed the appeal of the assessee, quashed the order of the Assessing Officer. The Revenue approached the Tribunal and by the impugned order, the Tribunal also dismissed the appeal. 3. It is urged that there are substantial questions of law and specifically those enumerated at paragraphs 5, page 5 of the paper book, arising for determination and consideration in this appeal. 4. We find after perusing this memo of appeal and the order of the Tribunal that the attempt of the Reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w apparent on the face of record in the order passed by the Commissioner of Income-tax (Appeals) and which has been affirmed by the Tribunal. 5. Mr. Singh, appearing on behalf of the Revenue, in support of this appeal, has taken us through the orders by the Tribunal and the Commissioner of Income-tax (Appeals). He could not persuade us to hold that any substantial question of law arises for determination and consideration in this appeal. The finding of fact and particularly with regard to the seizure and the relevant documents itself, ought to have been given finality by the Revenue. After the appeal was argued and we showed our disinclination to entertain it, as it does not raise any substantial question of law, we gave Mr. Singh an opp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Tribunal are envisaged as appellate and possibly final fact finding authorities and at least the Tribunal is the last in that hierarchy. The fact finding, therefore, if demonstrably perverse or palpably erroneous and as would amount to unsettling the settled position in law alone should be questioned by filing appeals to this court. However, a routine exercise and by people who do not wish to take any responsibility, results in number of appeals being filed and pending. This benefits no one and rather defeats larger public interest. The revenue collection and equally the participation of the assessee in the exercise undertaken by the authorities to assess their income, therefore, is affected adversely. None takes a position or dec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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