2013 (2) TMI 22

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..... r passed by the Income Tax Appellate Tribunal („Tribunal‟ for short) on 22nd June, 2012 in ITA(SS) No.61/Del/2009. The Revenue seeks admission of the appeal on the following questions of law stated to be substantial questions of law:- "I. Whether the ITAT has not erred in law in case of the respondent for deleting the addition of Rs.26,27,610/- for AY 1998-1999 in the block assessment .....

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..... rred to his wife Mrs.Pallavi Sood after 1994 and thereafter the business was being run by her and, therefore, the entire income from that business should be assessed in her hands. In support of the claim an affidavit from the assessee‟s wife was filed before the AO. The affidavit was however rejected as an afterthought; it was noted that the statement given by the assessee‟s wife on oa .....

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..... ibunal after hearing the rival contentions and after taking note of the facts confirmed the decision of the CIT (Appeals), observing as follows:- "We have considered the facts of the case. We find that identical additions were made for three years in the case of the wife and the assessee. The appeal in the case of wife was disposed off by the Ld.CIT(A) on 27.10.2003. In this order the assessee is .....

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..... cy, it is held that Ld. CIT(A) was right in deleting the addition, representing income from aforesaid concern, from the assessment of the assessee." 5. It will be appreciated from the above that the Revenue had accepted the order of the CIT (Appeals) in which she was held to be the owner of M/s Trans World International from the assessment year 1997-98 and that her husband, the assessee before us .....

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..... cause. We do not, therefore, see any infirmity or error of law in the decision of the Tribunal. Its order does not give rise to any substantial question of law as it is based on not only the findings of fact but also on the Revenue‟s own conduct. We accordingly see no merit in the appeal filed by the Revenue which stands dismissed with no order as to costs.
Case laws, Decisions, Judgem .....

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