THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 735 of 2014 DATE: 31.12.2014 Between:
The Commissioner of Income Tax-IV, Hyderabad.
… Appellant And M/s. Lumbini Constructions Ltd., Hyderabad.
… Respondent This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 735 of 2014 Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred against the judgment and order of the learned Tribunal dated 23.9.2011 in relation to the assessment year 2006-2007 on the following suggested questions of law.
1. Whether on the facts and in the circumstances of the case, the order of the Tribunal is perverse ?
2. Whether on the facts and in the circumstances of the case, the Tribunal is correct in law, in setting aside the order of the CIT passed under Section 263 of the Act ?
The learned Tribunal, on fact, found that the provision under Section 69 of the Income Tax Act was wrongly invoked. The fact finding has not been alleged to be perverse. In that view of the matter, we do not find any element of law to be decided in this appeal.
Hence, this appeal is dismissed.
Consequently, pending miscellaneous petitions, if any, shall also stand closed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 31st December, 2014 pnb