IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.117 of 2006 G.S.RAJGARHIA, son of late Mahabir Prasad Rajgarhia, resident of D-202, Charminar Apartments, Road No.12, Rajendra Nagar, Patna, P.S. Kadam Kuan, District Patna … Appellant Versus 1. INCOME TAX APPELLATE TRIBUNAL, Patna Bench, Patna 2. Commissioner of Income-tax (Appeals)-II, Patna 3. Income Tax Officer, Ward 2(1), Patna … Respondents. ----------- 7. 21.5.2010 Heard Mr. D.V. Pathy, learned counsel for the Assessee and Mr. Rishi Raj Sinha, learned counsel for the Revenue. In this appeal preferred under section 260A of the Income Tax Act, 12961 (for brevity ‘the Act’) challenge is to the order passed by the Income Tax Appellate Tribunal, SMC, Patna Bench, Patna in ITA No. 460(Pat)/2003 pertaining to the assessment year 1997-98. The assessee filed return showing an income to the tune of Rs. 42,299/- on 3.6.1997. After return was filed the same was chosen for scrutiny. The assessee was asked to explain the source of investment of Rs. 95,000/- made with Sri Ajay Kumar Shroff during the relevant financial year. The assessee filed his reply/ explanation to establish the source of investment and 2 past savings. The Assessing Officer adverted himself to the issue relating to nexus between the withdrawal and the deposit and eventually came to hold that there was no nexus. Against the order passed by the assessee an appeal was preferred before the C.I.T.(A) who affirmed the order passed by the assessee. Being dis-satisfied with the said order the assessee preferred an appeal before the Tribunal and the Tribunal has referred to the order passed by the C.I.T. (A) and came to the conclusion that the assesseee has really failed to establish deposits made by him in the Bank to the tune of Rs. 95,000/-. We have perused the order passed by the Tribunal and that of the C.I.T.(A). The Tribunal has referred to the order of C.I.T.(A) and extensively reproduced the reasonings of the C.I.T.(A) and approved the same. In our considered opinion the whole case hinges on facts and no substantial question of law arises within the ambit of section 260A of the Income Tax Act. 3 Surendra/ In the result, the appeal, being devoid of merit, stands dismissed without any order as to costs. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) 4 5