COMMISSIONER OF INCOME TAX Vs. PARAMJIT KAUR

JUDGEMENT

(1.) THIS reference under s. 256(1) of the IT Act, 1961 (for short "the Act") has been made to this Court at the instance of the Revenue by the Income -tax Appellate Tribunal, Amritsar Bench, Amritsar (for brevity "the Tribunal") arising out of law :

(2.) THE facts are that the assessee filed her original return declaring nil income and the AO on receiving the information from Survey Wing of the IT Department that Neta Metal Works prepared a demand draft for a sum of Rs. 83,040 payable at Chandigarh in favour of M/s Coal India Ltd., which was not accounted in the assessee's books of account, issued a notice under s. 148 of the Act. The AO after recording reasons framed assessment under s. 143(3) of the Act at of notice under s. 148 of the Act but set aside the assessment on the addition made by the AO and remitted the matter to him to frame a fresh assessment after allowing reasonable opportunity of being heard to her. The assessee took the incorporate material and his satisfaction for reopening the assessment, the same was invalid.

(3.) WE have heard learned counsel for the parties.