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TMI Blog2004 (7) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... t the appellant is aggrieved only with regard to the factual findings rendered by the appellate authorities, much less, there is no substantial question of law involved in the present appeal. – no question of law arise – appeal dismissed - - - - - Dated:- 12-7-2004 - Judge(s) : P. D. DINAKARAN., N. KANNADASAN. JUDGMENT The judgment of the court was delivered by N. Kannadasan J. - The above appeal is filed as against the order dated May 22, 2003 of the Income-tax Appellate Tribunal "C" Bench, Chennai. The respondent, who is an assessee, is an individual engaged in the business of plying of buses. For the assessment year 1990-91, the assessee/respondent filed his return of income admitting a total income of Rs. 1,08,900. The retur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et out as hereunder: "Whether, on the facts and circumstances of the case, the Tribunal was right in deleting the additions made for unexplained accretion to capital account and drawings on the ground that cash represented by depreciation claimed being notional allowance was available for explaining the increase in capital account balance?" Learned standing counsel for the appellant contended that the Appellate Tribunal as well as the Commissioner of Income-tax (Appeals) have erred in deleting the additions on account of unexplained increase in the capital account balance and drawings. Learned counsel further contended that the Appellate Tribunal erred in accepting the reconciliation statement filed by the assessee taking credit for dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not affect the actual cash received by the assessee/respondent. In the light of the above facts and circumstances, it is seen that the first appellate authority as well as the second appellate authority have rendered a categorical factual finding and held that the order of the Assessing Officer was not a correct one. The first appellate authority as well as the Appellate Tribunal have rendered a finding to the effect that the addition was unwarranted based on appreciation of evidence. The deletion was ordered based on the reconciliation statement working out the capital account accretion. Even though the appellant has not succeeded before both the appellate authorities, he has chosen to file the present appeal, by contending that the su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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