Law:

Section:

Section 260A of the Income-tax Act, 1961 - High Court, appeal to - Assessing Officer rejected assessee's plea that alleged suppressed transactions were direct sales to customers by dealer and it received only commissions - Tribunal while, upholding conclusion of lower authorities, referred to running accounts of assessee noticing as to how plea regarding direct purchase by some persons was not acceptable - Whether Tribunal's conclusions were essentially factual not giving rise to any question of law and, therefore, instant appeal was not maintainable - Held, yes FACTS The Assessing Officer, after referring to certain books of account seized and the report received from the supplier 'KBL', rejected the assessee's plea that the alleged suppressed transactions were direct sales to customers by the dealer and it only received commission. On appeal, the Commissioner (Appeals) noticed that there was no arrangement of direct sales, and that, on the contrary, the assessee's stand varied from time to time. On second appeal, the Tribunal, while upholding the conclusion of the Commissioner (Appeals), referred to the running accounts of the assessee noticing as to how the plea regarding direct purchase by some person was not acceptable. On appeal under section 260A : HELD The Tribunal's conclusions were essentially factual not giving rise to any question of law. Appeal was, therefore, not maintainable and was to be dismissed. Shahzad Khan for the Applicant. Sanjeev Khanna and Ajay Jha for the Respondent. ORDER 1. This is an appeal under section 260A of the Income-tax Act, 1961 ('the Act'). 2. The questions which have been proposed for adjudication…

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