2011 (11) TMI 52

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..... nbsp; The present appeal has been filed by the Revenue under Section 260A of the Income Tax Act (hereinafter referred to as the said 'Act') against the order dated 31.10.2008, passed by the Income Tax Appellate Tribunal, Jaipur Bench 'A' Jaipur (hereinafter referred to as the 'Tribunal) in ITA No. 305/JP/2008 and C.O. No. 26/JP/2008.   2. The facts giving rise to the present appeal are that .....

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..... and the respondent assessee filed cross-objections against the said order passed by the CIT(A) before the Tribunal. The Tribunal vide order dated 31.10.2008 , dismissed the appeal of the Revenue and partly allowed the cross-objection of the respondent assessee . The Department, therefore, has preferred the present appeal before this Court under Section 260A of the said Act.   3. It has been .....

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..... of the books of accounts of the assessee, the CIT(Appeals) and the Tribunal ought to have confirmed the said order of A.O. He also submitted that the Tribunal had also erred in law in allowing the deduction on personal uses of various assets claimed by the respondent in its books of accounts.   4. Having considered the submissions made by the learned counsel for the appellant and the provis .....

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..... that the defects pointed out by A.O. were due to the incorrect appreciation of the evidence and that the A.O. was not justified in rejecting the books of accounts of the assessee. The Tribunal also while confirming the order of CIT(A) had held as under:-   "Even there is no any instance of any undisclosed purchase/sales/expenses mentioned in the assessment order .Besides above, it was also c .....

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..... nd the addition made in the income of Branch Office against the declared loss."   6. The CIT(A) and the Tribunal having considered the issues raised by the department in detail and not found substance therein, this Court is not inclined to interfere with the concurrent finding of facts recorded by the said two authorities. Even otherwise there being no substantial question of law involved, t .....

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