COMMISSIONER OF INCOME TAX Vs. SATINDER KUMAR

JUDGEMENT

(1.) IN this appeal filed under S. 260A of the IT Act, 1961, the appellant has sought determination of the following question of law :

(2.) THE facts necessary for deciding this appeal are that by an order dt. 29th Oct., 1987, the AO finalised the assessment of the respondent under S. 143(1) on a total income of Rs. 15,320 but in pursuance of a search and seizure operation conducted at the business premises of the firm, Mohar Singh Ishwar Dayal, Ballabgarh, and the residential premises of Shri Vidya Rattan, he made an addition of Rs. 1,41,400 by treating the purchase of the plot in the name of the assessee's minor son as unexplained investment. The appeal filed by the assessee was allowed by the CIT(A) and his order was upheld by the Tribunal while dismissing the appeal filed by the Revenue. The reasons recorded by the CIT(A) for deleting the addition made by the AO read as under :

(3.) A perusal of the reasons assigned by the CIT(A) and the Tribunal shows that similar additions made by the AO in other cases were deleted by the CIT(A) and his orders were upheld by the Tribunal. It has not been shown to us that the orders passed by the Tribunal in similar cases are the subject matter of any reference pending before this Court or any appeal pending in the Supreme Court. Therefore, we do not find any valid ground to interfere with the concurrent findings recorded by the CIT(A) and the Tribunal. For the reasons mentioned above the appeal is dismissed.