- (1.) We have heard Shri A.N. Mahajan, learned counsel for the Commissioner of Income Tax. Shri Siddharth Pathak appears for the respondent-assessee.
(2.) This income tax appeal has been preferred by the revenue on the following questions of law:- "(1) Whether on the facts and in the circumstances of the case, the CIT (A) and the Tribunal have erred in law in not taking into consideration the provisions of Section 292-BB of the Act while allowing the assessee to raise the additional ground of appeal and in deciding the same in assessee's favour by completely ignoring the fact that the assessee had participated in the assessment proceedings? (2) Whether the judgment of the Hon'ble Supreme Court in the case of Hotel Blue Moon reported in 321 ITR 362 relied upon by the CIT (A) and the Tribunal in deciding the issue of non-issuance/ service of notice u/s 143 (2) of the Act in favour of the assessee, is not at all applicable to the facts of the present case as the judgment of the Apex Court has not taken into consideration the provisions of Section 292-BB of the Act and is silent in respect of the same despite the fact that the said Section had been brought on the statute book by the Finance Act, 2008 w.e.f. 1.4.2008 and the orders of CIT (A) and the Tribunal have been passed after 1.4.2008? (3) Whether the assessee ever objected to/ raised the issue of non issuance/ service of notice u/s 143 (2) of the Act before the A.O. during assessment proceedings and fully participated in the same as such the CIT (A) has erred in law in allowing the assesse to raise this issue for the first time before it without appreciating the fact that the assessee had participated in the Assessment Proceedings and the order of the CIT (A) has been confirmed by the Tribunal?" Shri A.N. Mahajan, learned counsel appearing for the revenue states that though the case appears to be covered by the judgment in Assistant Commissioner of Income-Tax v. Hotel Blue Moon, 2010 321 ITR 362 (SC) the Supreme Court did not have the occasion to consider Section 292BB as inserted by the Finance Act, 2008 w.e.f. 1.4.2008.
(3.) We have gone through the judgment in Hotel Blue Moon (Supra) and Section 292BB as inserted in the Income Tax Act by the Finance Act, 2008 and do not find that the consideration of Section 292BB would have made any difference to the reasoning and the conclusions in the judgment.;