COMMISSIONER OF INCOME TAX Vs. UTTAM CHAND NAHAR

JUDGEMENT

(1.) IN this appeal, following substantial question of law arises out of the Tribunal's order dt. 18th Sept., 2002 : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in setting aside the reopening of the fact that proceedings initiated were on the basis of vague and non- specific information, which otherwise against the material on record ?"

(2.) THE facts of the case are that after an intimation was sent under s. 143(1)(a) in respect of return filed by the assessee for the asst. yr. 1991-92 within the time prescribed, thereafter, notice for proceedings under s. 143(2) was not issued within the time prescribed, but proceedings under ss. 147/148 for reassessment have been initiated solely on the basis of failure on the part of assessing authority to take proper proceedings within the time prescribed for regular assessment.