COMMISSIONER OF INCOME TAX Vs. POKAR HOTEL

JUDGEMENT

(1.) THIS appeal, has been filed, by the Revenue, seeking to challenge the judgment of the Tribunal dt. 3rd Jan., 2005 reported as Asstt. CIT v. Pokar Hotel : (2006) 101 TTJ (Jd) 1042 Ed., affirming the order of the CIT(A), dt. 19th May, 2000, whereby he had set aside the reassessment order, made by the Dy. CIT on 24th March, 2000.

(2.) THE appeal was admitted on 9th March, 2006, by framing following substantial question of law: Whether in the facts and circumstances of the case, the Tribunal was right in holding that the proceedings under Section 147/148 of IT Act, 1961, were not validly initiated against the assessee?

(3.) THIS order was challenged in appeal, on the ground, that the reopening proceedings have been initiated on the basis of DVO's report, which was contended to be not a permissible ground, for reopening of the assessment, and that contention was decided in favour of the assessee by the learned CIT(A) and the learned Tribunal.