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[2008] 166 Taxman 40 (Delhi)/[2009] 311 ITR 276 (Delhi)/[2008] 218 CTR 528 (Delhi) [2008] 166 TAXMAN 40 (DELHI) HIGH COURT OF DELHI Commissioner of Income-tax v. Satish Kumar Chandna* MADAN B. LOKUR AND DR. S. MURALIDHAR, JJ. IT APPEAL NO. 142 OF 2004 SEPTEMBER 21, 2007 Section 254 of the Income-tax Act, 1961 - Appellate Tribunal - Orders of - Block assessment period 1-4-1985 to 22-2-1996 - Whether where Tribunal's conclusions were based merely on estimates and it had not given any basis on which it had arrived at those estimates, order of Tribunal could be said to be perverse in law and, therefore, matter should be remanded to Tribunal for reconsideration afresh - Held, yes CASES REFERRED TO Homi Jehangir Gheesta v. CIT [1961] 41 ITR 135 (SC) [Para 2], Mahavir Woollen Mills v.CIT [2000] 245 ITR 297/ 111 Taxman 566 (Delhi) [Para 3], Smt. Amiya Bala Paul v. CIT[2003] 262 ITR 407 / 130 Taxman 511 (SC) [Para 10] and CIT v. Indo-Kenyan Industrial Enterprises [2005] 149 Taxman 570 (Delhi) [Para 14]. J.R. Goel for the Appellant. C.S. Aggarwal and Prakash Kumar for the Respondent. ORDER 1. The revenue is aggrieved by an order dated 24-11-2003, passed by the Income-tax Appellate Tribunal ("the Tribunal") in IT(SS) No. 46/Delhi/97 relevant for the block period 1-4-1985 to 22-2-1996. 2. At the outset, learned counsel for the assessee has drawn our attention to a decision of the Supreme Court in Homi Jehangir Gheesta v. CIT [1961] 41 ITR 135, to contend that the order passed by the Tribunal should not be examined sentence by sentence, through a microscope as it were, so as to discover a minor lapse here or an incautious opinion there to be used as a peg on which to hang an issue of law. 3. He has also drawn our attention to a decision of this Court in Mahavir Woollen Mills v.CIT [2000] 245 ITR 2971 , wherein this Court considered what is a substantial question of law. It was observed that a question of fact becomes a question of law if the findings are without any evidence or material or the finding is contrary to the evidence or perverse or there is no direct nexus between the conclusion of fact and the primary fact upon which that conclusion is based. It was further…

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