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Judgment
Shri R.L. Jain, learned counsel for the revenue.
He is heard on the question of admission.
This appeal has been preferred against the order dated 3-12-2002 passed by Income Tax Appellate Tribunal, Indore in ITA No. 257/IND/97.
After going through the impugned order, we find that the Income Tax Appellate Tribunal has recorded that the interest income earned by the smaller hindu undivided family (hereinafter referred to as the HUF) could not have been assessed in the hands of bigger HUF, as the same is not permissible as per the law.
Undisputedly, the respondent has been accepted as a smaller HUF, in view of the partition of the bigger HUF of Nathuram which has been recognized u/s 171(1) of the Income Tax Act, 1961 by the department itself.
In view of the admitted facts and circumstances of the case, the Tribunal allowed the appeal. The findings recorded by the Tribunal are factual in nature and do not involve any substantial question of law. Thus, the appeal being devoid of any substance merits dismissal without any orders as to costs.