- (1.) The subject matter of challenge is a judgment and order dated 18th December, 2008 passed by the Income Tax Appellate Tribunal, C Bench, Kolkata in ITA No. 142(Kol)/2008 pertaining to the assessment year 2001-02, by which the learned Tribunal dismissed an appeal preferred by the revenue.
(2.) The revenue has come up in appeal, which was admitted on 8th September, 2010. The following substantial questions were formulated. (i) Whether the learned Tribunal is justified in following its own order passed in ITA 684(Kol.) of 2008, dated June 23, 2008 in preference to the judgment of this Hon'ble Court, reported in 2008 ITR 1023 (Cal.) (ii) Whether the aforesaid judgment of the Hon'ble High Court in the facts and circumstances is applicable in this case or not (iii) Whether in the facts and circumstances of the case, if the answers to the aforesaid questions are in favour of the revenue, the learned Tribunal was justified in law in not interfering with the orders of the learned Commissioner, Income Tax (Appeals) as the assessee's case is covered by explanation to section 73 of the Income Tax Act, 1961
(3.) The facts and circumstances of the case are briefly stated as follows:- The original assessment under section 143(3) of the Income Tax Act, 1961 was made on 12th March 2004. A notice thereafter under section 148 was issued and an assessment under section 147/143(3) was made on 28th December, 2006. In an appeal preferred by the assessee the C.I.T.(A) was of the opinion that it is apparent that the proceeding under section 147 was initiated merely on change of opinion by the successor A.O. This is not at all permitted in law. ;