COMMISSIONER OF INCOME TAX Vs. T A QURESHI

JUDGEMENT

(1.) This is an appeal filed by the Revenue (CIT) under Section 260A of the Act against an order dt. 9th April, 1999 passed by Tribunal in ITA No. 562/Ind/1994.

(2.) The appeal was admitted for final hearing on 23rd March, 2000 by a Bench consisting of Hon'ble R.D, Vyas and Hon'ble Shambhoo Singh, JJ., without formulating the substantial question of law as required under Section 260A of the Act. Since the appeal is already admitted for final hearing and in our view rightly, we consider it proper and with the consent of parties comply the rigour of Section 260A ibid and formulate the substantial question of law which in our view does arise out of the impugned order passed by the Tribunal:

(3.) Heard Shri R.L. Jain, learned senior counsel with Ku. Veena Mandlik, for the appellant and, Shri S.C. Bagadia, learned senior counsel with Shri D.K. Chhabra, for respondent.