BANCHHANIDHI DAS Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) AS suggested and agreed by Mr. B.K. Mohanti, learned counsel appearing for the petitioner, and Chowdhury P.K. Misra, appearing for the Income-tax Department, we take up this matter for final disposal.

(2.) THE petitioner, a retired Development Officer of the Life Insurance Corporation of India, Bhadrak, has filed the present writ petition challenging, inter alia, the notice, vide annexure-1 to the writ petition issued under Section 148 of the Income-tax Act. THE points of challenge are that the Assessing Officer completed the assessment on October 17, 1988, under Section 143(1) of the Act after accepting the return. On November 25, 1988, however, a notice was issued under Section 154 of the Act and an order was made on January 27, 1989. Being aggrieved by the said order, the petitioner preferred an appeal before the Commissioner of Income-tax (Appeals) who after considering the matter on the merits quashed the order of the assessing authority, vide annexure-4. THE Department then went in appeal before the Income-tax Appellate Tribunal who decided the matter in favour of the petitioner. As quoted in the writ petition, the learned Tribunal held :