2002 (7) TMI 67

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..... t exceptions. I.T.A. No. 139 of 2002: This is an appeal under section 260A of the Income-tax Act, 1961 (for short "the Act"), arising out of the order of the Income-tax Appellate Tribunal (for short 'the Tribunal"), dated October 31, 2001 in I. T. A. No. 1243 (Delhi) of 1995, pertaining to the assessment year 1990-91. Briefly stated the facts giving rise to the present appeal are: While com .....

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..... Commissioner of Income-tax (Appeals). Despite the said categorical finding of the Commissioner, for the reasons best known to the Revenue, it took the matter in appeal to the Tribunal. As expected, the Revenue's appeal was dismissed by the Tribunal. While holding that there was no infirmity in the order of the first appellate authority, the Tribunal also made the following observations: "Even if .....

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..... of the Commissioner of Income-tax (Appeals)." Hence the present appeal. We have heard Mr. R. D. Jolly, learned senior standing counsel for the Revenue. In the present appeal it is not the case of the Revenue that the aforesaid finding recorded by the Commissioner of Income-tax (Appeals) and affirmed by the Tribunal with regard to the existence of the audit report under section 12A(b) of the Ac .....

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