VIJAY KUMAR TALWAR Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) LEARNED counsel for the appellant has taken us through the purported question of law as specified in the memo of appeal as also the various documents filed therein. The learned counsel upon a query could only state that the substantial question of law which may arise for consideration of this Court would be as to whether the order passed by the Tribunal is perverse in so far as it fails to take into consideration the relevant facts and based its decision on irrelevant factors not germane for the purpose of passing the said order. We have, as noticed above, been taken through various documents including the extracts from books of accounts. To us it appears that the findings recorded by the CIT as also the Tribunal are pure findings of fact. Appreciation of evidence does not fall within the realm of this Court's jurisdiction under S. 260A of the IT Act. The Tribunal had on earlier occasion remitted the matter for reassessment. The CIT in such reassessment proceedings observed as under :

(2.) THE learned counsel for the appellant thereafter has taken us through an order passed under s. 254(2) of the IT Act from a perusal whereof it appears that the Tribunal (which is the subject matter of ITA 202/2001) has held that: