COMMISSIONER OF INCOME TAX Vs. LAKHANI FOOTWEAR LIMITED

JUDGEMENT

(1.) THIS is an appeal under S. 260A of the IT Act, 1961 (for short the 'Act'), for determination of the following question of law:

(2.) THE facts of the case are that the assessee (respondent) filed a return of income on 29th July, 1988, for the asst. year 1988 -89 declaring its income at Rs. 19,70,400. Subsequently, a revised return was filed on 21st Feb., 1991, declaring income of Rs. 20,44,340. The assessing authority passed the order of assessment dt. 16th March, 1992, under S. 143(3) of the Act, vide which he disallowed the claim of the assessee to the tune of Rs. 29,24,488 under S. 35 of the Act. The appeal filed by the assessee was partly allowed by the CIT(A) and in the second appeal preferred by it, the Tribunal, Delhi Bench "C", New Delhi, granted further relief in the following terms :

(3.) WE have heard Shri R.P. Sawhney and perused the record. In our opinion, the reasons assigned by the Tribunal for accepting the assessee's claim for disallowance do not suffer from any legal infirmity. Therefore, no substantial question of law arises for consideration by this Court. An additional reason for not entertaining the appeal is that the Revenue did not challenge the orders passed by the Tribunal in ITA Nos. 7022/D of 1992 and 7086/D of 1992 for the asst. yr. 1988 -89, in which similar relief was granted to the assessee. For the reasons mentioned above, the appeal is dismissed.