JUDGMENT
B.C. Patel, C.J.
1. The order made by the Income Tax Appellate Tribunal is based purely on appreciation of material facts. We have been taken through the entire order made by the Tribunal as well as by the Commissioner of Income Tax. Reading para 8 onwards of the order of the Appellate Tribunal, it becomes clear that the Tribunal appreciated the facts. The Tribunal observed as under:-
“The only conclusion which emerges from the facts and circumstances of the case is that the Commissioner has passed the impugned action u/s 263 on merely subjective grounds and no valid basis whatsoever have been indicated by the Commissioner for proceedings u/s 263. the AO has made necessary enquiries during asstt. Proceedings and the information with regard to payment of commission have been duly furnished and considered by the AO while making the assessment. It is not a case where the AO has failed to apply his mind to the facts and circumstances of the case. The assessment has been made after due consideration of facts and evidence brought on record during assessment proceedings.”
2. Under the circumstances, we find no substantial question of law. Hence, the appeal is dismissed.