Delhi High Court: Findings Of Fact Recorded By ITAT Not Perverse, Cannot Be Interfered Under Section 260A
Live LawThe Delhi High Court has ruled that in an appeal to the High Court under Section 260A of the Income Tax Act, 1961 there can be no interference with the finding of fact if it involves re-appreciation of the evidence. The counsel for the CIT before the Delhi High Court submitted that the ITAT had not considered the fact that the AO, in the original assessment, had passed an order without making the required enquiry or verification of claims made by the Assessee. The Delhi High Court observed that the ITAT in its order had given detailed reasons as to why the exercise of jurisdiction by the CIT under Section 263 of the Act was not warranted in the present case. The High Court held that since the particular receipt had been disclosed in the income and expenditure account, the same could not have been considered as unaccounted income in the hands of the Assessee.