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Section 260A of the Income-tax Act, 1961 - High Court, appeals to - Whether once Commissioner (Appeals) and then lastly Tribunal have accepted explanation of assessee and, accordingly, deleted certain additions made by Assessing Officer, it does not involve any substantial question of law as such - Held, yes A.P. Patankar for the Appellant. JUDGMENT A. M. Sapre, J. - This is an appeal filed by the revenue (Income-tax Department) under section 260A of the Income-tax Act, 1961 against an order dated 14-7-2004, passed by the Income-tax Appellate Tribunal in IT(SS)/58/Ind. of 2002, CO No. 80/Ind. of 2002 for the block period 1989-90 and IT(SS)/71/Ind. of 2002 for the block period 1989-90. 2. In short, the question that arises for consideration in this appeal is, whether this appeal involves any substantial question of law as is required to be made out under section 260A of the Act that being the prerequisite for admission of appeal. 3. Heard Shri A.P. Patankar, learned counsel for the appellant. 4. Having heard learned counsel for the appellant and having perused the record of the case, we are of the opinion that the appeal does not involve any substantial question of law for consideration in this appeal and that two questions proposed by the appellant (Revenue) do not satisfy the rigour of substantial question of law within the meaning of section 260A of the Act. 5. The issue relates to grant of certain deletion which were made by the Assessing Officer in the course of block assessment proceedings initiated against the assessee under section 158BC of the Act. The Assessing Officer did not accept the explanation offered by the assessee and treating the said amount to be that of the assessee added in his total income. The Commissioner of Income-tax (Appeals) as also the Tribunal set aside the order of the Assessing Officer insofar as it related to additions made by him (Assessing Officer). In other words, the Commissioner of Income-tax (Appeals) and the Tribunal accepted the factual explanation coupled with the evidence tendered by the assessee in relation to the impugned additions made by the Assessing Officer and held that since…

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