CIT Vs. SSK TULAJABHAVANI KALYAN MANTAP KATTAD SAMITHI

JUDGEMENT

(1.) THE revenue has preferred this appeal being aggrieved by the order passed by the Income Tax Appellate Tribunal dt. 28 -5 -2008 passed in IT (SS) A. No. 38/Bang/2004 and also the rejection of Miscellaneous Petition filed by the appellant in M.P. No. 84/Bang/2008 dt. 13 -3 -2009.

(2.) AGGRIEVED by the concurrent findings, the assessee filed a second appeal before the Tribunal mainly contending that no satisfactory reasons were recorded by the Assessing Officer. Therefore the Tribunal directed the revenue to produce the reasons recorded by the assessing authority to satisfy himself to issue notice to the assessee. More than an year time was granted to the revenue. Inspite of such an opportunity, the revenue did not produce the satisfaction recorded by the assessing officer. Therefore the Tribunal drawing an adverse inference allowed the appeal of the assessee and set aside the order of assessment.

(3.) THE appeal was admitted on 8 -3 -2012 to answer the following substantial question of law: