- (1.) The assessee questions the decision of the Income Tax Appellate Tribunal in ITA No. 3642(Del)/2011 dated 31.10.2011, whereby the Revenue's appeal against the order of CIT (A), setting-aside the reassessment on the ground that the jurisdiction under Section 148 was improperly assumed, has been challenged.
(2.) Learned counsel urges that a facial reading of the satisfaction recorded by the authority under Section 148 shows that it was flawed and that there is complete non-application of mind. It was submitted that very evidently, the concerned officer did not take into consideration the returns which had been previously filed by the Assessee.
(3.) Learned counsel took this Court through the reasoning of the Tribunal as well as that of the CIT (A) and submitted that substantial question of law is whether under the circumstances, there was application of mind as warranted by Section 148, by the AO.;