COMMISSIONER OF INCOME TAX Vs. ANIL KUMAR

JUDGEMENT

(1.) Revenue has filed this appeal under Section 260A of the Income Tax Act, 1961 (for short as 'Act') against the order dated 23rd September, 2005 passed in ITA No.2468/Delhi/2002 for the assessment year 1995-96.

(2.) We have framed the following substantial question of law for consideration:-

(3.) Brief facts of the case are that the Assessee in the present case filed the Income Tax Return for the assessment year 1995-96 on 31st October, 1995 declaring an income of Rs.1,04,249/-. This assessment was made under Section 143(3) of the Act on 2nd March, 1998 accepting the declared income of the Assessee. Subsequently, this assessment order was examined by CIT(Central-2), New Delhi under Section 263 of the Act who set aside the assessment on 2nd August, 1999 with direction to examine the identity, genuineness and creditworthiness of two donors.