- (1.) Leave granted.
(2.) The only point canvassed at the hearing is that the income tax appeal under Section 260A of the Income Tax Act, 1961 has been decided by the High Court without framing any substantial question of law. This, the appellant contends, is impermissible on the basis of several decisions of this Court including the one in M. Janardhana Rao v. Joint Commissioner of Income Tax reported in (2005) 2 SCC 324.
(3.) Having perused the said order of the Court, we are of the view that the High Court ought to have framed the substantial question(s) of law arising in the appeal before answering the same. The High Court having not done that, we set aside the order passed by the High Court and remand the matter to the High Court for a de novo consideration after formulating the substantial question(s) of law arising, if any.;