COMMISSIONER OF INCOME TAX-24 Vs. TREND ELECTRONICS

JUDGEMENT

(1.) THIS appeal under Section 260A of the Income Tax Act, 1961 (the 'Act') challenges the order dated 25 March 2013 passed by the Income Tax Appellate Tribunal (the 'Tribunal'). The impugned order is in respect of Assessment Year 2008 -09.

(2.) FOLLOWING questions of law are urged by revenue for our consideration:

(3.) ON 26 March 2010, the Assessing Officer initiated reassessment proceedings by issuing notice under Section 148 of the Act seeking to reopen the assessment for the Assessment Year 2008 -09. On receipt of notice, the respondent -assessee by letter dated 28 April 2010 sought copy of recorded reasons for reopening of assessment in respect of notice dated 26 March 2010 under Section 148 of the Act. The Assessing Officer by letter dated 29 April 2010 directed the respondent -assessee to file it's return of income and also informed the respondent -assessee that the reasons would be furnished after the return of income is filed. The respondent -assessee thereafter by letter dated 7 May 2010 informed the Assessing Officer that return of income filed on 29 September 2008 under Section 139 of the Act be treated as the return of income consequent to notice under Section 148 of the Act. The Assessing Officer thereafter completed the reassessment proceedings on 30 December 2010 under Section 143(3) r/w 147 of the Act without having given a copy of the reasons recorded for issue of reopening notice dated 26 March 2010 to the respondent -assessee.