2005 (1) TMI 105

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..... filed by the Revenue (Income-tax Department) under section 260A of the Income-tax Act, 1961, against an order dated April 30, 2004, passed by the Income-tax Appellate Tribunal in I. T. (SS) A. 40/Ind/2002 and C. O. No. 13/Ind/2004. 2. In short, the question that arises for consideration in this appeal is, whether this appeal involves any substantial question of law as is required to be made out .....

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..... see and treating the said amount as income of the assessee added it in his total income. The Commissioner of Income-tax (Appeals) as also the Tribunal set aside the order of the Assessing Officer in so far as it related to additions made by him (AO). In other words, the Commissioner of Income-tax (Appeals) and the Tribunal accepted the factual explanation coupled with the evidence tendered by the .....

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..... on 260A ibid, cannot again de novo hold yet another inquiry with a view to find out whether the explanation offered by the assessee and which found acceptance with the two appellate authorities, namely, the Commissioner of Income-tax (Appeals) and the Tribunal, is good or bad, or whether it was rightly accepted, or not. It is only when the factual finding is entirely de hors the subject or it is b .....

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