DIRECTORS OF INCOME TAX Vs. SAHU JAIN TRUST

JUDGEMENT

(1.) This appeal under Section 260A of the Income-tax Act, 1961 is at the instance of the Revenue and is directed against an order dated August 10, 2000, passed by the Income-tax Appellate Tribunal, "D" Bench, Calcutta, in ITA No.2659 (Cal) of 1994 relating to the Assessment Year 1991-92 thereby dismissing the appeal preferred by the Revenue against an order passed by the Commissioner of Income-tax (Appeals).

(2.) The facts giving rise to filing of this appeal may be summed up thus:

(3.) Being dissatisfied, the Revenue has come up with the present appeal. Although at the time of admission of the appeal, the Division Bench formulated three different questions relating to the applicability of Section 11(4A) of the Act, Mr. Agarwal, the learned Advocate appearing on behalf of the appellant, suggested the following point in a concise form for the purpose of deciding the appeal: