CIT Vs. RAM KUMAR

JUDGEMENT

(1.) The revenue has approached this Court by filing instant appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act), challenging the view taken by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar, in its order dated 16-12-2005, passed in I.T.A. No. 291 (Asr.)/2003,in respect of assessment year 1994-95. It has been claimed that the following substantial questions of law would arise for our determination:

(2.) Whether, on the facts: and in the circumstances of the case, the Tribunal was right in law in not appreciating the facts of the case in right perspective thereby rendering its order to be perverse.

(3.) We have heard the learned Counsel for the parties and do not find any legal infirmity in the view taken by the Tribunal. There are categorical findings that the assessing officer did not recover any document from the possession of the assessee nor the assessee was ever confronted with the seized material. The explanation of the assessee was called, which he replied and there was no mention of any seized material referred to by the assessing officer despite the fact that the seized material was transferred to the assessing officer by the Deputy Commissioner, Income-tax, Range-II, Jalandhar. It is in these circumstances that we find that the view taken by the Tribunal is fully supported by the judgment of Hon'ble the Supreme Court in the case of Kishinchand Chellaram v. CIT, 1980 125 ITR 713 . There is no substantial question of law which would warrant admission of the appeal. Accordingly, the appeal fails and the same is dismissed.