TMI Blog2007 (7) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... ENT The judgment of the court was delivered by M. M. Kumar J.- This appeal filed under section 260A of the Income-tax Act, 1961 (for brevity "the Act"), challenges the order dated May 24, 2006, passed by the Income-tax Appellate Tribunal, Chandigarh Bench, arising out of ITA No. 262/Chandi/2004 for the assessment year 1998-99 (annexure A/1). The assessee has also filed an application under section 5 of the Limitation Act, 1963, read with section 260A of the Act for condonation of 294 days delay in filing the appeal. 2. The appellant has claimed that the following substantial questions of law would arise for our determination : "I. Whether, on the facts and circumstances of the case, the Income-tax Appellate Tribunal was justifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t aside by the learned Commissioner of Income-tax (Appeals) ? IV. Whether, on the facts and circumstances of the case, the findings of the Income-tax Appellate Tribunal are perverse and against the evidences on record thus unsustainable in law ? V. Whether the Income-tax Appellate Tribunal has misdirected itself in being influenced by irrelevant factors and applying erroneous criteria while deciding the issue in dispute ?" 3. The facts which are necessary for the disposal of the controversy raised are that the assessee filed the return on October 11, 1998, declaring the income of Rs. 1,38,771 plus agricultural income of Rs. 1,64,086 which was processed under section 143(1)(a) of the Act. Thereafter, notice under section 143(2) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is unlikely to be taken up for scrutiny and his claim would not come to the notice of the Revenue. The claim of the assessee that he had built up two small rooms which constitute an independent dwelling unit and, therefore, he was entitled to clarification of Circular No. 667, dated October 18, 1993 ([1993] 204 ITR (St.) 103), issued by the Central Board of Direct Taxes was rejected because it was held that the construction of those two rooms do not constitute to be a dwelling unit and those rooms were constructed only in the month of February, 2001. Accordingly, the claim made under section 54F of the Act was rejected and penalty proceedings under section 271(1)(c) of the Act were initiated for making a wrong claim. 4. On appeal prefer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... construct a house by April 22, 2000. Placing reliance on the report of the inspector and the Municipal Commissioner and also that of the Punjab Urban Development Authority, the Tribunal recorded a categorical finding that the assessee had constructed only two rooms with AC sheets covering an area which was less than 150 sq.ft. and there was virtually no construction at the site. It was admitted by the assessee himself before the Assessing Officer that the original construction was demolished and even the foundation of that construction was removed. The assessee failed to adduce any evidence to justify his claim showing the construction of house. The Tribunal has also found that the assessee had not constructed any house on the relevant dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, the first two questions proceed on the assumption that there was a residential house in existence within the meaning of section 54F of the Act. Similar would be the position with regard to questions Nos. III to IV because it is well-settled that if on the basis of available evidence another view is possible then it cannot be reversed on that basis because it would involve re-appreciation of evidence which is impermissible. Therefore, we find that no question of law much less a substantial question of law would arise within the meaning of section 260A(1) of the Act. 7. In view of the above, this appeal fails and the same is dismissed. We do not wish to pass any order on the application under section 5 of the Limitation Act, 1963, a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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