- (1.) Heard Sri Gaurav Mahajan, learned counsel for the appellant. No one appears for the respondent despite service by publication. Therefore, the Court has no option but to proceed ex-parte against the respondent-assessee.
(2.) This Income Tax Appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred as the "Act") has been preferred by the Revenue against the order of the Income Tax Appellate Tribunal dated 26.03.2010.
(3.) The Tribunal by the said order has allowed the appeal of the assessee-respondent and has held that the proceedings under Section 147 of the Act for re-assessment of the respondent-assessee are illegal inasmuch as they are based upon the change of opinion.;