COMMISSIONER OF INCOME TAX Vs. N. SUNDARRAMAN

JUDGEMENT

(1.) THE above tax case appeals have been preferred by the Revenue under s. 260A of the IT Act against the order dt. 29th Dec, 2003 passed by the Tribunal, Chennai "A" Bench, in ITA Nos. 1379/Mad/2003 to 1382/Mad/2003 respectively, raising the following substantial questions of law :

(2.) WHETHER on the facts and in the circumstances of the case, the Tribunal was right in holding that notices under s. 143(2) were not issued within twelve months from the end of the month in which the return was filed in response to the notices under s. 148, which finding is contrary to facts on record, and, therefore, the orders of reassessment were invalid without noticing that the notices under s. 143(2) have been actually issued within the time prescribed under the proviso to the said section contrary to the facts on record ?

(3.) WHETHER on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was entitled to the concessional rate of tax under s. 115H when the assessee has not satisfied the procedural and substantive requirements under Chapter XII -A of the IT Act?