COMMISSIONER OF INCOME TAX Vs. ANAND SWARUP KHANDELWAL

JUDGEMENT

(1.) THIS is an Appeal by the Revenue under Section 260a of the Income Tax act, 1961 (hereinafter referred to as the "act") preferred against the judgment of the Income Tax Appellate Tribunal (hereinafter referred to as the Tribunal)passed in IT (SS) No. 331/del/2002 for the block period 1. 4. 88 to 15. 10. 98.

(2.) THE only issue raised by the Revenue in the present Appeal is with regard to the deletion by the Tribunal of a sum of Rs. 21,61,67,368/- which had been added by the Assessing Officer under Section 40a (3) of the Act on account of purported cash transaction in the sum of Rs. 108,08,36,839/ -.

(3.) IN order to dispose of the Appeal, the following facts relevant to the issue require to be noted. These are as follows:-