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Section 260A of the Income-tax Act, 1961 - High Court, appeal to - Whether once Tribunal has accepted explanation of assessee and, accordingly, deleted certain additions made by Assessing Officer, it does not give rise to any substantial question of law as such - Held, yes R.L. Jain 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 7-3-2003, passed by the Income-tax Appellate Tribunal in I.T. (SS) A. No. 31/Ind. of 1997. 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 pre-requisite for admission of appeal. 3. Heard Shri R. L. Jain, 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 the two questions proposed bythe 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 deletions 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 Tribunal set aside the order of the Assessing Officer insofar as it related to additions made by him (AO). In other words, 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 the same have been properly explained, they cannot be included while…

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