2013 (12) TMI 552

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..... ment under section 260-A of the Income Tax Act against a judgment and order dated 24.5.2005 passed by the Income Tax Appellate Tribunal, Lucknow in I.T.A. No. 510/Alld/98 for the assessment year 1993-94. On 18.7.2008, a coordinate Bench of this Court has admitted the appeal on the following substantial question of law: "Whether the Income Tax Appellate Tribunal was justified in law in not uphold .....

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..... ompleted the assessment, which was partly upheld by the CIT(A) on the basis of estimation. Being aggrieved, the Department as well as assessee preferred appeals before the Income Tax Appellat Tribunal, who by the impugned order decided both the appeals where addition was reduced on estimate basis. Still not being satisfied, the department has filed the present appeal. By considering the material .....

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..... mla Ganpati vs. Collector of Estate Duty, 253 ITR 692 SC; and 4.Anjani Coal Agency vs. CTT, 2005 (37) STJ 294 All. In view of the above, it is clear that admitted substantial question of law is based on facts. So, answer to the substantial questions of law is in favour of the assessee and against the Department. In the result the appeal filed by the Department is dismissed.
Case laws, Decis .....

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