LAWS(MPH)-2005-3-3

COMMISSIONER OF INCOME TAX Vs. C L KHATRI

Decided On March 29, 2005
COMMISSIONER OF INCOME TAX Appellant
V/S
C.L.KHATRI Respondents

JUDGEMENT

(1.) THIS appeal by the Revenue under Section 260a of the IT Act, 1961 ('act' for short), is against the order dt. 21st May, 2001 of the Tribunal, Indore Bench, in ITA No. (SS) 63/ind/1997 for the block asst. yrs. 1987-88 to 1997-1998 (that is for the period 1st April, 1986 to 18th Oct. , 1996 ).

(2.) IN the appeal memo, the Revenue has raised as many as seven substantial questions of law for consideration. However, having regard to the fact that in regard to matters covered by questions (iii) and (vii), the Tribunal had set aside the issue and sent it back to the AO and the AO by order dt. 28th March, 2002, has already decided afresh questions (iii) and (vii), it was submitted that only question Nos. (i), (ii), (iv), (v) and (vi) which are extracted below, remain for consideration :

(3.) THE appeal had been admitted on 12th April, 2002 on the ground that the following substantial question of law arises for consideration (apart from the substantial questions of law framed in ITA Nos. 5, 7, 8 and 114 of 2001) :