Law:

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[2008] 303 ITR 222 (MP) HIGH COURT OF MADHYA PRADESH (INDORE BENCH) Assistant Commissioner of Income-tax v. Rajmal Bapulal A. M. SAPRE AND ASHOK KUMAR TIWARI, JJ. IT APPEAL NO. 81 OF 2004 JANUARY 27, 2005 Section 260A of the Income-tax Act, 1961 - High Court - Appeal to Once Commissioner (Appeals) and then, Tribunal have accepted explanation of assessee and, accordingly, deleted certain additions made by Assessing Officer in block assessment, then it does not involve any substantial issue of law as such During the block assessment, the Assessing Officer did not accept the explanation offered by assessee and treating the impugned amount to be that of the assessee added it in his total income. The Commissioner (Appeals) and Tribunal accepted the factual explanation coupled with the evidence tendered by assessee in relation to the impugned additions made by the Assessing Officer and held that since the same had been properly explained, they could not be included while computing the total income of the assessee. Since it was a case of raid, the assessee was called upon to explain the source of income so as to enable the Assessing Officer to determine the actual tax liability arising out of the raid proceedings. Held that once the Commissioner (Appeals) and then the Tribunal had accepted the explanation of assessee and, accordingly, deleted certain additions made by Assessing Officer in block assessment, then it did not involve any substantial issue of law as such. In other words, the High Court in its appellate jurisdiction, which is defined under section 260A, cannot again de novo hold yet another inquiry with a view to find out whether explanation offered by assessee and which found acceptance with the two appellate authorities, namely, the Commissioner (Appeals) and the Tribunal, was good or bad, or whether it was rightly accepted, or not. It is only when the factual finding is entirely de hors the subject or that it is based on no reasoning, or that it is absurd to the extent that no reasonable prudent man can ever reach such conclusion, or that it is against the provision of law, that a case for substantial question of law is made out. No such error could be…

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