2007 (1) TMI 152

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... under section 260A of the Income-tax Act, 1961 against the order dated April 24, 2006, passed by the Income-tax Appellate Tribunal in I.T.A. No. 1167/Chd./2004. The Tribunal has rejected the appeal of the Revenue and upheld the order of the Commissioner of Income-tax dated August 31, 2004, and had set aside the order of assessment dated March 26, 2001, made by the Assessing Officer by making addi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... come of Shri Mohd. Aslam Khan (minor) at Rs. 26,400 including rental income. The learned Assessing Officer made the assessment at an income of Rs. 1,96,335 on account of alleged unexplained payment made to the Estate Officer, UT Chandigarh towards instalment of SCO No. 42. The assessee made payment of Rs. 64,660 on February 15, 1997, and Rs. 80,000 on July 18, 1996, to the Estate Officer on accoun .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... January, 1999. Sh. Rattan Singh could not be produced as he was not available at that time and Assessing Officer showed his inability to give more time being time-barring assessment. This fact was not disputed by the Revenue that this person was produced before the learned first appellate authority. As far as confirmation of gift from a relative Mrs. Hurmat w/o the assessee and his deceased son Sh .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tioned finding recorded by the Tribunal shows that the question of facts have been determined by the Tribunal by accepting the identity of Rattan Singh who had advanced loan of Rs. 64,660 to the assessee and other persons. We have heard learned counsel at some length and are of the view that no question of law warranting admission of the appeal would arise. Once the Tribunal has accepted the iden .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s of fact as this court cannot determine the credit-worthiness of persons who have advanced loans or given gifts to the assessees nor the question of their identity could be gone into. We believe that no question of law warranting admission of this appeal would arise. Therefore, we dismiss the appeal of the Revenue by recording the finding that no substantive question of law has been raised.
C .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X