LAWS(RAJ)-2008-9-69

COMMISSIONER OF INCOME TAX Vs. CHARBHUJA TRADING CO.

Decided On September 25, 2008
COMMISSIONER OF INCOME TAX Appellant
V/S
Charbhuja Trading Co. Respondents

JUDGEMENT

(1.) THE assessee, and deleting the addition made by the AO, and confirmed in appeal, so also treating Form No. 12 to have assessee.

(2.) THE appeal was admitted by framing following three substantial questions of law :

(3.) SO far as first two questions are concerned, order of the Tribunal shows, that all the Tribunal has done, is to quote the observations of the learned CIT(A), made in para 3.1, then has reproduced the submissions, made on behalf of the assessee, and then has straightway, held as under : "I am convinced that the assessee had maintained proper books which were only audited and the assessee had traded CIT(A) and delete this addition." It is required to be grasped, that the learned Tribunal under the scheme of things, is a final Court of fact as appeal under s. 260A, lies only on substantial questions of law, with the consequence that, learned Tribunal is required to go into all factual aspects of the matter, appreciate them and then record its own findings.