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2021 (12) TMI 368 - HC - Income TaxRevision u/s 263 by CIT - notice u/s 148 issued to the assessee on the ground that the assessee violated the provisions of Section 11(5) of the Act and in substance, the nature of activity undertaken by the assessee is in the nature of business - Tribunal deleted the addition - this Court examines the order of the Tribunal and whether a ground is made out warranting interference under Sec. 260A - HELD THAT:- Tribunal found that the order in Annexure-B is barred by limitation, secondly, the nature of receipt is found as building donation fund/corpus fund received by the assessee for the purpose of building fund. The findings recorded by the Tribunal firstly are findings of fact, the Tribunal being final authority on an issue of fact, a few grounds are available to challenge even the findings of fact recorded by the Tribunal. The question that falls thereafter for our consideration is whether any of the exceptional grounds available in this behalf are put forward to assail the findings of the Tribunal. For convenience, we have excerpted the findings recorded by the Tribunal. This Court since is in agreement with the findings recorded both in law and fact of the Tribunal, is also not pursuaded to restate the same conclusion in a different way. We accept the findings recorded by the Tribunal and further hold that the no substantial question of law arises for consideration. The questions are answered against the Revenue and in favour of the assessee.
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