CIT Vs. SANJAY KUMAR GARG

JUDGEMENT

(1.) THESE four appeals by the Revenue under Section 260A of the Income Tax Act, 1961 ('Act') are against the common order dated 28th January 2010 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA No. 3532/Del/2009 for the Assessment Year ('AY') 2003 -04, ITA No. 3533/Del/2009 for AY 2004 -05, ITA No. 1502/Del/2009 for AY 2001 -02 and ITA No. 3531/Del/2009 for AY 2002 -03.

(2.) BY the order dated 28th July 2014, this Court framed the following two substantial questions of law for determination:

(3.) A survey under Section 133A of the Act was conducted by the Director of Investigation, New Delhi on 12th July 2004 and the statement of the Assessee was recorded. Certain documents in the form of loose papers found during the search were also impounded. On the basis of the information so gathered, the Deputy Commissioner of Income Tax, Central Circle initiated re -assessment proceedings under Section 147 of the Act by issuing notice on 23rd September 2005 by speed post. The notice which was so issued was not returned undelivered to the Department.