PRABHA RANI AGRAWAL Vs. INCOME TAX OFFICER MIRZAPUR

JUDGEMENT

(1.) The present appeal has been filed under section 260A of the Income-tax Act, 1961 (hereinafter referred to as "the Act") against the order dated July 29, 2004, passed by the Income-tax Appellate Tribunal,, Allahabad. The appeal has been admitted, vide order- dated September 2, 2008, on the following two substantial questions of law arising out of the order passed by the Income-tax Appellate Tribunal, Allahabad:

(2.) The appeal relates to the assessment year 1990-91 in proceedings arising under section 147 /148 of the Act. The appellant is an individual. She is engaged in the business of silver bullion, etc. For the assessment year in question, she did not file any return of income. Notice under section 148 of the Act was issued on January 18, 1995. In compliance thereof, she filed a return of income declaring an income of Rs. 17,900. The Income-tax Officer, Ward-1, Mirzapur (hereinafter referred to as "the Assessing Officer")/vide order dated March 21, 1997, assessed the income of the appellant on Rs. 1,01,500. Feeling aggrieved, the appellant filed an appeal before the Commissioner of Income-tax (Appeals), Allahabad, who, vide order dated February 5, 1998, set aside the order passed by the Assessing Officer and directed a fresh assessment to be made in accordance with law after giving a reasonable opportunity of being heard. In the remand proceedings, the appellant appeared before the Assessing Officer. Vide order dated October 4, 1999, the Assessing Officer once again assessed the income at Rs. 1,01,500. Feeling aggrieved,, the appellant preferred an appeal before the Commissioner of Income-tax (Appeals) Allahabad, who vide order dated March 3, 2000, partly allowed" the appeal. Minor relief was allowed. The proceedings initiated under section 147 /148 of the Act was confirmed. Feeling aggrieved, the appellant preferred a second appeal before the Tribunal. The Tribunal by the impugned order had partly allowed the appeal.

(3.) We have heard Sri Suyash Agrawal, learned counsel for the appellant and Sri Shambhu Chopra, learned senior standing counsel appearing for the Revenue.