COMMISSIONER OF INCOME TAX, BILASPUR vs. RAJENDRA KUMAR AGRAWAL, BILASPUR

ORAL ORDER (Passed on _.__T__. 22“ February, 2007) The following oral order of the Court was passed by H.L. Dattu, C.J. This appeal is directed against the order déééed by the Income Tax Appeuate Tribunal, Jabalpur Bench, Jabatpur in I.T.A. No.372/Jab/2000 for the assessment year 1995-96, dated 10.06.2003. In the memorandum of appeal the appellant has raised the following question of law for our consideration and decision. They ,7“ (2) l i j are as under: i “ SUBSTANTIAL QUESTION OF LAW (i) Whether on the facts and in the circumstances of the case, learned Income Tax‘Appellat‘é Tribunal was justified in upholding the order of CIT [A] deleting the addition of unexplained investments and cash credits simply on the strength of Board's Instruction No.1979 without deciding the issue on merits?” c e Ar R \

K% ,g, x k3) ln our opinion, in View of the orders passed by this Court in lncoime Tax Reference No.76 of 1997 disposed of on 30.01 .2004, the questi£ons of law raised by the Revenue are not debatable. In the aforeslaid decision, this Court was pleased to observe that “having regard to the facts and circumstances of the case, we are of the opinion that tx e Tribunai was justified in law in dismissing the Departmental l . appeal as incompetent as per Board's circular dated 18.11.1992, without‘ deciding the caseon merits.” j (4) We are}full agreement with the view expressed in the aforesaid decision. :Accordingly, the question of law raised by the Revdnue is answered against the Revenue and in favour of the asse‘ssee. Ordered accordingly. I i l . ‘3 W ..\ ‘ a /- . , l- g 1 i V.K.Shrivastava Chmf Justice . . ’ ‘ Judge