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TMI Blog2010 (2) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... not ? 2. Whether the judgement should be reported in the Digest? M. M. KUMAR, J. This is an assessee's appeal filed under Section 260A of the Income Tax Act, 1961 (for brevity 'the Act') challenging order dated 9.5.2007 passed by Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh (for brevity 'the Tribunal') in ITA No. 621/CHD/ 2005 in respect of the assessment year 2001-02. The petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e been charged to tax as long term capital gain on the basis of statement made by the husband of the assessee Shri Kuldip Singh Ghai. The aforesaid statement was recorded by the Deputy Director Investigation, Ludhiana on 23.4.2001. The basis of the aforesaid finding is that the statement made by the husband of the assessee was never confronted to the assessee nor any show cause notice was issued t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t no stage opportunity was claimed by the assessee asserting that the statement of her husband was not binding nor any doubt had arisen at any stage. The husband of the assessee has been dealing with the purchase and sale of property on behalf of his wife and the assessee herself is a share holder in the company known as Ghai Estate Developers Ltd. which is engaged in the business of sale and pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that there was no frequent purchase/ sale of the property made in her individual name. Therefore, the intention with regard to transaction of sale and purchase of property has been ascertained in accordance with law which is necessarily a finding of fact which cannot be gone into. It would not constitute a substantive question of law warranting admission of appeal. Therefore, no question of law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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