V DHIVAKARAN Vs. DEPUTY COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE Appellant Assessee has filed this appeal under Section 260-A of the Income Tax Act against the order of the Income Tax Appellate Tribunal, Chennai, C Bench in IT (SS) No. 187/mds/1998 dated 26. 02. 2001 and the appeal was admitted in terms of the following substantial questions of law:

(2.) IS the order of assessment dated 3. 12. 1998 barred by limitation, especially when the Income Tax Appellate Tribunal had not found the mandatory period of limitation saved by anything stated in sub-section (2) of Section 158. BE of the Income Tax Act?

(3.) SHOULD the Income Tax Appellate Tribunal ought to have held that the earlier order dated 30. 9. 1996 under Section 127 of the Act was illegal and void, and not merely irregular, especially when it was patently wrong, non-speaking and in violation of rules of natural justice being open to collateral attack so that the Revenue itself abandoned the said proceedings, and there was nothing to save anything done thereunder? 2. In respect of Question No. 3, the counsel appearing for the Appellant submitted that he is not pressing the same. The facts lead to the remaining two questions of law are as under: