INDIRA KAKKAR Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE appellant has approached this Court raising the following substantial questions of law as amended on 10th Aug., 2005, arising out of the order of the Income -tax Appellate Tribunal, Amritsar Bench, Amritsar (for short 'the Tribunal') passed in ITA No. 568/Asr/1998, C.O. No. 43/Asr/1998 dt. 27th Feb., 2Q04, for the asst. yr, 1992 -93: - - - - 1. Whether, under the facts and circumstances of the case, the Tribunal is justified in reversing the finding of the CIT(A) and upholding the validity of issue (of) notice under Section 148. Whether, under the facts and circumstances of the case, the Tribunal is justified in restoring the matter to the CIT(A) and directing him to decide the matter on merits.

(2.) WE have heard learned Counsel for the parties and perused the paper book carefully with their assistance.

(3.) BRIEFLY the facts of the case are that the original return of income filed by the appellant for the year in question was processed under Section 143(1)(a) of the IT Act (for short 'the Act'). For the reasons recorded, the competent authority issued notice under Section 148 of the Act on 18th July, 1995 and in pursuance thereof assessment was framed on 16th Jan., 1998. On appeal against the order of assessment, the Commissioner of Income -tax (Appeals) [for short 'the CIT(A)'] vide order dt. 29th July, 1998 quashed the notice under Section 148 of the Act on technical ground and consequently accepted the appeal of the assessee but did not touch the case on merits.