9911796707
TMI Blog2007 (5) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... 998-99. 2. In the memorandum of revision petition the assessee has raised the following questions of law for consideration and decision of this court. They are as under: A. Has not the Tribunal erred in finding that the business loss accounted is not supported with documentary evidence. B. Has not the Tribunal failed to examine the explanation of the Revision Petitioner for projected loss, independently? C. Whether the Tribunal is justified in sustaining the addition made in the sales turnover in the absence of any specific case of sales suppression or purchase suppression. D. Has not the Tribunal erred in sustaining the defects and rejection of returns and books of accounts on the basis of mere guess work of the lower autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on a reasonable opportunity of being heard, determine the question of law raised and either reverse, affirm or amend the order against which the petition was preferred or remit the matter to the Appellate Tribunal with the opinion of the High Court on the question of law raised, or pass such order in relation to the matter as the High Court thinks fit. (b) Where the High Court remits the matter under Clause (a) with its opinion on the question of law raised, the Appellate Tribunal shall amend the order passed by it in conformity with such opinion. (5) Before passing an order under sub-section (4) the High Court may, if it considers it necessary so to do, remit the petition to the Appellate Tribunal, and direct it to return the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y person shall be refunded to him, or the further amount of tax from him shall be collected in accordance with the provisions of this Act, as the case may be. (9) The cost of a revision under sub-section (1) or of a review under sub-section (7) shall be in the discretion of the High Court. This Court gets jurisdiction to entertain a revision petition only if the Tribunal has erroneously decided a question of law or has failed to decide a question of law. 4. In the instant case the questions of law framed by the assessee can never be construed as questions of law and they are purely questions of fact. In that view of the matter we cannot entertain this revision and accordingly it requires to be rejected and it is rejected. The asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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