COMMISSIONER OF INCOME TAX Vs. CHAMPAKBHAI MOHANBHAI PATEL

JUDGEMENT

(1.) In the following factual background, this tax appeal arises :

(2.) Further, an appeal was preferred by the assessee challenging the order of the Commissioner of Income-tax (Appeals) before the Income-tax Appellate Tribunal ("the ITAT" for short). Initially, such appeal was dismissed for want of prosecution, however, later on, such order was recalled and following the decision rendered by this court in the case of co-owner Lalitkumar M. Patel in Tax Appeal No. 192 of 2012, dated May 6, 2013, the Tribunal held that the notice issued by the Assessing Officer under section 158BD of the Act and the assessment order passed thereupon deserve to be quashed. Challenging such order of the Tribunal, the present appeal is preferred by the Revenue raising the following substantial questions of law for our consideration :

(3.) We have heard learned counsel, Shri K.M. Parikh, for the Revenue. He has agreed to the fact that an identical question has been decided by this court in the case of Lalitkumar Paid , and the Department has chosen to carry the said matter to the apex court. However, the matter has so far not been listed for hearing before the apex court.