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TMI Blog2024 (3) TMI 1018X X X X Extracts X X X X X X X X Extracts X X X X ..... uncements. A finding of fact may give rise to a substantial question of law, inter alia, in the event the findings are based on no evidence and/or while arriving at the said finding, relevant admissible evidence has not been taken into consideration or inadmissible evidence has been taken into consideration or legal principles have not been applied in appreciating the evidence, or when the evidence has been misread. See MADAN LAL VERSUS GOPI (MST.) ANR [ 1980 (8) TMI 204 - SUPREME COURT] , WB. ELECTRICITY REGULATORY COMMISSION [ 2002 (10) TMI 772 - SUPREME COURT] and METROARK LTD. [ 2004 (1) TMI 397 - SUPREME COURT] Thus in the instant case no substantial question of law arises from the order of the Tribunal as the appellant has raised all the question of facts and have disputed the fact findings of the ITAT in the garb of substantial questions of law which is not permitted by the statute itself. This Court refrains from entertaining this appeal as there is no perversity in the order passed by the ITAT since the ITAT has dealt with all the grounds raised by the appellant in the order impugned and has passed a well reasoned and speaking order taking into consideration all the materi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2017-18 on 31.10.2017 declaring total income of Rs. 5,30,55,260/-. The income so disclosed in Return of Income was inclusive of undisclosed income surrendered during the course of Search and Seizure. The return of income for assessment year 2017-18 was selected for scrutiny assessment under Section 143(3) of the Act of 1961 on 30.02.2018. No fresh addition was made to the total income and income so declared was taxed at special rate in view of the provisions under Section 115BBE of the Act of 1961. The Assessing Officer himself has admitted that at the time of Search and Seizure that the undisclosed income so surrendered was not entered in regular books of accounts. The undisclosed income falls within the ambit of Section 69A of the Act and therefore, liable to be taxed at special rate within the meaning of Section 115BBE of the Act of 1961. Being aggrieved with the order of the Assessing Officer, the respondent/assessee preferred an appeal before the CIT(A), Bhopal. The CIT(A) allowed the appeal vide order dated 31.01.2020 relying upon the contention put forth by the assessee that the undisclosed income so surrendered is derived from regular business activities, therefore, it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mulate that question. (4) The appeal shall be heard only on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question : Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question, (5) The High Court shall decide the question of law so formulated and deliver such a judgment thereon containing the grounds on which such decision is founded and may award such cost as it deems fit. (6) The High Court may determine any issue which- (a) has not been determined by the Appellate Tribunal; or (b) has been wrongly determined by the Appellate Tribunal, by reasons of a decision on such question of law as is referred to in sub-Section (1). (7) Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to appeals to the High Court shall, as far as may be, apply in the case of appeals under this section. 12. From a bare reading of the Section, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter. It will, therefore, depend on the facts and circumstance of each case whether a question of law is a substantial one and involved in the case, or not; the paramount overall consideration being the need for striking a judicious balance between the indispensable obligation to do justice at all stages and impelling necessity of avoiding prolongation in the life of any lis. 15. In Hero Vinoth (Minor) Vs. Seshamma, (2006) 5 SCC 545, the Apex Court has observed that: The general rule is that High Court will not interfere with the concurrent findings of the courts below. But it is not an absolute rule. Some of the well-recognised exceptions are where (i) the courts below have ignored material evidence or acted on no evidence; (ii) the courts have drawn wrong inferences from proved facts by applying the law erroneously; or (iii) the courts have wrongly cast the burden of proof. When we refer to decision based on no evidence , it not only refers to cases where there is a total dearth of evidence, but also refers to any case, where the evidence, taken as a whole, is not reasonably capable of supporting the finding. 16. A finding of fact may give rise to a substantial question of law, i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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