COMMISSIONER OF INCOME TAX Vs. B. SUMANGALADEVI

JUDGEMENT

(1.) HEARD Sri M.V. Seshachala for the appellant and Mr. M.V. Javali, for the respondent.

(2.) THIS appeal under Section 260A of the Income Tax Act, 1961 (hereinafter shall be referred to as "the Act"), is at the instance of the Revenue against the order of the Income Tax Appellate Tribunal, Panaji Bench, dated July 17, 2003, passed in I.T.A. No. 27/Panj/2002 for the assessment year 1987 -88. The questions of law as formulated by appellant read as here -under: 1. Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the notices issued under Section 148 of the Act, for the assessment year 1987 -88 is bad in law? 2. Whether, under the facts and circumstances of the case, the Tribunal was justified in declaring the assessment order framed under Section 143(3) read with Section 147 as bad in law and consequently quashing the same for the assessment year 1987 -88?

(3.) PRECISELY the same questions have been projected in this appeal. It is answered by a Bench of this Court as also by the Supreme Court against the Revenue and in favour of the assessee.