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TMI Blog2003 (8) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... e Income-tax Act, this court cannot go into questions of fact, and can only interfere when there is error of law in the impugned order. This court under section 260A is not sitting like a court of first appeal and hence cannot interfere with the findings of fact of the Tribunal. - - - - - Dated:- 25-8-2003 - Judge(s) : M. KATJU., U. PANDEY. JUDGMENT The judgment of the court was delivered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... himself and were issued as and when those parties came to sell their cloths. The Assessing Officer made efforts to verify the assessee's stand by sending notices to these parties, but all the letters came back unserved with the remarks "not known" or "incomplete address". The Assessing Officer further found that the payments to these parties were shown to have been through demand draft, but in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mptions and in fact it was 4.5 or 5 meters. When the assessee was asked to give the details of the number of sarees purchased having length of 4.5 or 5 meters separately, counsel admitted before the Tribunal that no such details were maintained. The Tribunal held in para. 11 of its judgment that the assessee having not maintained the quantitiwise details of sarees purchased having length of 4.5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ell settled that a best judgment always has an element of guess work vide CIT v. Laxminarain Badridas [1937] 5 ITR 170 (PC) ; State of Kerala v. C. Velukutty [1966] 60 ITR 239 (SC) and Brij Bhushan Lal Parduman Kumar v. CIT [1978] 115 ITR 524 (SC), etc. Whether the purchases were bogus or not, is a pure question of fact, and this court cannot interfere with the same in this appeal under section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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