DEVI PRASAD SINGH,J. - (1.) HEARD Sri D.D. Chopra, learned counsel for the appellant and Sri J.N. Mathur, learned Senior Counsel on behalf of the respondent and perused record.
(2.) SINCE common question of law are involved in both the appeals, with the consent of parties counsel, we proceed to decide present appeals by the present common judgment. The respondent assessee, a Company, runs a Hospital at Sitapur Road, Lucknow. The income tax returns for the assessment year 1998-99 and 1999-2000 were filed showing loss of Rs.221974.00 which was processed under Section 143 (1) of the Income Tax Act (In short the Act). The assessment for both the assessment years, were reopened under Section 148 of the Act and notice under Section 148 of the Act was issued on 8.3.2002. A notice under Section 142 (1) was also issued on 28.1.2003 and the assessment was completed under Section 147/148 of the Act on 13.3.2003 on the total income of Rs.27,44,310.00 and Rs.27,54,870.00 for both years. The assessee preferred appeal which was rejected by the appellate authority. Hence the assessee approached the Tribunal.
(3.) IT has been stated by Sri J.N. Mathur, learned Senior Counsel that before the appellate authority, a plea was raised by the assessee that on account of non-issuance of notice under Section 143 (2) of the Act, the entire assessment vitiates. Submission is that in spite of raising plea, the appellate authority has not considered substantial question of law. Before the Tribunal, the same plea was raised and the Tribunal allowed the appeal with the finding that since no notice was issued under Section 143 (2) of the Act, the entire assessment vitiates.;