COMMISSIONER OF INCOME TAX Vs. PREM NARAIN BHATIA

JUDGEMENT

(1.) THE Revenue has filed this appeal under s. 260A of the IT Act, 1961 (hereinafter referred to as 'the Act'), against the referred to as 'the Tribunal') in ITA No. 1766/Del/2008, pertaining to the asst. yr. 2004 -05, raising the following substantial questions of law :

(2.) IN the present case, the AO, while completing the assessment under s. 143(3) of the Act for the asst. yr. 2004 -05, claimed by the assessee under s. 54F of the Act, on the ground that the assessee had not fulfilled the condition of s. 54F of the Act, as such, he is not entitled for the deduction under the said provision. On appeal by the assessee, the CIT(A), Tribunal, while confirming the findings recorded by the CIT(A), dismissed the appeal vide the impugned order. Hence this appeal by the Revenue.

(3.) WE have heard the arguments of learned counsel for the appellant -Revenue.