LAWS(MPH)-2005-2-174

COMMISSIONER OF INCOME TAX Vs. JAIN BROTHERS (HUF)

Decided On February 11, 2005
COMMISSIONER OF INCOME TAX Appellant
V/S
Jain Brothers (Huf) Respondents

JUDGEMENT

(1.) 2004, passed by Tribunal in ITA No. 640/Ind/1997.

(2.) The question that arises for consideration in this appeal is, whether appeal involves any substantial question of law out of the impugned order of the Tribunal or in other words, whether two questions proposed by the appellant involve any substantial question so as to admit the appeal. It is not in dispute that the pre -requisite of admitting any appeal under s. 260A of the IT Act is to find out involvement of substantial question of law.

(3.) Heard Shri R.L. Jain, learned senior counsel, with Ku. V. Mandlik, learned counsel for the appellant. Having heard learned counsel for the appellant and having perused record of the case, we are of the view that appeal does not involve any substantial question of law as is required to be made out under s. 260A of the Act and hence, it merits dismissal in limine, resulting in upholding of the impugned order of the Tribunal.