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TMI Blog2018 (9) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... operty, a dispute was going on and the keys of the premises were lying with the police ? - Held that:- We find on an examination of the order of the Tribunal that all these factual issues have been answered in favour of the assessee. Now, when these facts are in favour of the assessee, it is not within the domain of a Court exercising jurisdiction under Section 260A to enquire into the correctness of that fact finding and return a contrary finding that the assessee was not a tenant, and was not in using the premises for business purposes, overturning the ruling of the Tribunal. Benefit conferred on the employees on superannuation or was a retirement benefit:- We find on examination of the order of the Tribunal that its decision was base ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expenditure was unproved, the payee concerns were non-existent, no confirmation was filed for security claimed to have been provided and security had been provided by Indian Tea Association against payment ? ( ii) Whether, on the facts and in the circumstances of the case, the order of the Income Tax Appellate Tribunal allowing payment of ₹ 1, 68, 10, 480/- to Gangan Properties Pvt. Ltd. for alleged supply of organic manure is perverse erroneous as the party had passed only accommodation entries through a circuitous chain of transactions without rendering actual services and a confessional statement to that effect was made by the alleged supplier of Gangan Properties Pvt Ltd ? ( iii) Whether, on the facts and in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of law denotes a question of law of great substance and public importance. An ordinary question of law cannot be termed as a substantial question of law. The statute, while engrafting Section 260A of the Income Tax Act, 1961 allowed appeals from the orders of the Tribunal to the High Court on substantial questions of law only, making it akin to second appeals under the Civil Procedure Code. In this appeal, we find that five issues have been identified as giving rise to substantial questions of law, by the said order dated 8th June, 2005. On hearing this appeal we find that these questions are substantially factual. They do not give rise to any substantial question of law. The first question invites the Court to adjudicate whether the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therwise than as a tenant, the amount paid by him on account of current repairs to the premises. Mr. Agarwal, learned counsel for the Revenue argues that the assessee had not been in possession of the property and a dispute was going on between them and the lessor. The keys of the premises were lying with the police. Therefore, the application of Section 30 was dependent upon the findings whether the assessee was a tenant, paying rent and using the demised premises for the purpose of its business. We find on an examination of the order of the Tribunal that all these factual issues have been answered in favour of the assessee. Now, when these facts are in favour of the assessee, it is not within the domain of a Court exercising jurisdi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TR 428 where the Supreme Court held that the liability was not a contingent liability. In that case, the Supreme Court was concerned with beneficiary schemes for encashment of leave of the assessee company Bharat Earth Movers. In this case a scheme for medical benefit post retirement was involved. The tribunal treated the liability as accrued and to be discharged in the future, based on the above Supreme Court decision. In our opinion, this finding of the tribunal is based on standard accounting principles and consequential application of the law laid down by the Supreme Court in Bharat Earth Movers Versus CIT, (2000) 245 ITR 428 (SC). We find no infirmity in the reasoning or conclusion reached by the Tribunal. The last question also inv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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