Prakash Krishna, J. - (1.) The Tribunal, Allahabad, at the instance of assessee has referred the following question of law under Section 256(1) of the IT Act, 1961 (hereinafter referred to as the Act) for opinion to this Court : "Whether the Tribunal was legally correct in holding that the proceedings had been validly initiated under Section 148 in the instant case ?"
(2.) The asst. yr. 1971-72 is involved in the present reference. A notice under Section 148 of the IT Act was issued to the assessee which was a branch of M/s Gopi Krishna & Co. The validity of the notice was unsuccessfully challenged before the ITO. The case of the assessee was that the notice was not issued in the correct name. It was issued in the name of Hari Prasad Govind Krishna, which is a branch of M/s Gopi Krishna & Co. The notice should have been issued in the name of head office, i.e., Gopi Krishna & Co. However, the said plea of the assessee found favour with the AAC. The Tribunal has reversed the order of the AAC and found that the notice was correctly issued to the assessee and the proceedings under Section 148 of the Act are valid.
(3.) Heard Shri Vikram Gulati, the learned counsel for the assessee and Shri Shambhu Chopra, the learned standing counsel for the Revenue.;