PRAKASH KRISHNA, J. - (1.) PRESENT appeal has been filed under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') against the order dated 30th June, 2010 passed by the Income Tax Appellate Tribunal, B ­ Bench, Lucknow (hereinafter referred to as 'the Tribunal) in I.T.A. No. 308 (luc.)/2009 connected with I.T.A. No. 312(Luc.)/2009 for the assessment year 200506.
(2.) IN the memo of appeal the following substantial question of law has been framed: "Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in quashing the re assessment proceeding and the reassessment made u/s 148 of the Act on the ground that the notice issued u/s 147 of the Act was invalid as the time available for issuing notice u/s 143(2) of the Act had not expired ?" The background facts may be noticed in brief. The return of income had originally been filed on 31st October, 2005 in the status of individual showing income of Rs.1,88,090/ and was duly processed under Section 143(1) of the Act. Subsequently, on 4th July, 2006, notice under Section 148 of the Act was issued and the assessee stated that the return already filed on 31st October, 2005 may be treated in response to notice under Section 148 of the Act. The Assessing Officer concluded the reassessment proceeding by making certain additions in the income of assesseerespondent by the order dated 27th December, 2007. The matter was carried in appeal before the C.I.T. (A). Besides challenging the additions made in the income on various grounds, it was submitted that the issuance of notice under Section 148 of the Act is not valid. The proceedings should have been taken under Section 143(3) of the Act instead. Argument was repelled on the ground that during assessment proceeding, no such specific objection was raised by the assessee or his counsel challenging the initiation of proceeding under Section 147 of the Act. However, the C.I.T. (A) has allowed the appeal in part by deleting certain additions. He confirmed the other part of assessment order. Both the parties carried the matter by way of cross appeals before the Tribunal. The Tribunal has allowed the appeal filed by the assessee and dismissed the appeal of the Revenue by the order under appeal on short ground that the notice under Section 148 of the Act dated 4th July, 2006 is not valid.
(3.) HEARD Sri Dhananjay Awasthi, learned counsel for the department and Sri S.K. Garg and Sri Ashish Bansal, learned counsel for the respondentassessee.;