JT C I T Vs. KEVIN ENTERPRISE

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the judgment and order dated 12.4.2000 passed by the Income Tax Appellate Tribunal in ITA No. 1234/Ahd/1999 for AY 1996 -97.

(2.) WHILE admitting this appeal on 15.11.2000, this Court has framed the following substantial question of law:

(3.) THE facts of the present case are that the return of income declaring not taxable income of Rs. 43,95,800/ - was filed by the assessee as on 31.10.1996. The same was processed under sec. 143(1)(a) of the IT Act. Thereafter, the case was selected for sample scrutiny by issuing notice under sec. 143(2) of the Act, which was duly served upon the assessee and detailed questionnaire calling for various details along with notice under sec. 142(1) was issued to the assessee. In response to the same, the assessee filed various details and documents as called for. After considering the material on record, the assessment order came to be passed. Against the said assessment order, an appeal before the CIT(A) has been preferred by the assessee, which was partly allowed. Against the said order of CIT(A), an appeal before the ITAT has been preferred by the assessee which was also partly allowed. Being aggrieved and dissatisfied with the order passed by the ITAT, the Revenue has preferred present Tax Appeal before this Court.