LAWS(KER)-2006-6-66

COMMISSIONER OF INCOME TAX Vs. ABDUL KHADER AHAMED

Decided On June 29, 2006
COMMISSIONER OF INCOME TAX Appellant
V/S
ABDUL KHADER AHAMED Respondents

JUDGEMENT

(1.) In this Appeal filed under Sec. 260A of the Income Tax Act, 1961 (hereinafter referred to as "the Act") the Revenue assails the order dated 27-7-2005 of the Income Tax Appellate Tribunal, Cochin Bench in I.T.A.No.117/Coch.2005.

(2.) As per the impugned order the Income Tax Appellate Tribunal party allowed respondent/assessees's appeal holding that the notice issued by the Assessing Officer to the assessee under Sec.148 of the Act is void ab initio and consequently set aside the re-assessment proceedings initiated against the assessee under Sec.147 of the Act.

(3.) The substantial questions of law formulated in the memorandum of appeal are the following: -