COMMISSIONER OF INCOME TAX Vs. MANIBEN VALJI SHAH

JUDGEMENT

(1.) This appeal is sought out of an order passed by the Income Tax Appellate Tribunal holding that the re-opening under section 147 of the Income Tax Act was not valid and thereby had directed deletion of the additions made to the assessment with regard to the respondent assessee.

(2.) The above matter raises the following substantial question of law for decision of this Court at the instance of the Revenue:-

(3.) The relevant assessment year in the above is 1988-1989. It appears that the assessee had filed a return on 25-3-1991 and no regular assessment order was passed, however on 10-10-1991, a notice was sent to the respondent assessee under section 143 (1) for re-opening of the assessment under section 148 of the Income Tax Act. The relevant portion of the said notice dated 10-10-1991 reads as under :-