- (1.) Heard Shri Ashish Bansal learned counsel for appellant and learned Standing Counsel for respondent.
(2.) This is an appeal at the instance of Assessee preferred under section 260-A of Income Tax Act, 1961 (hereinafter referred to as ''Act 1961"). Dispute relates to Assessment Year 2004-2005. Appeal has arisen from judgment and order dated 24.7.2014, passed by Income Tax Appellate Tribunal, Lucknow Bench ''A' Lucknow (hereinafter referred to as 'Tribunal') in ITA No.383/LKW/2011 whereby the aforesaid appeal of Assessee has been dismissed. Though, in the memo of this appeal, several substantial questions of law have been formulated by appellant but learned counsel for appellant at the outset stated that he propose to press only one substantial question of law relating to notice under section 143(2) of Act, 1961 since, if that question is decided in his favour, entire matter will be open to appellant to be raised before Assessing Authority.
(3.) With consent of learned counsel for parties, we proceed to hear this appeal finally on the following substantial question of law: "Whether Tribunal was justified in holding that non issue of notice under section 143(2) would not vitiate assessment, made by Assessing Authority, since Assessee filed return under section 148 after expiry of the period prescribed in law.";