TMI Blog2015 (10) TMI 254X X X X Extracts X X X X X X X X Extracts X X X X ..... BRAMANIAN AND MR. T.MATHIVANAN, JJ. For The Appellant : Mr.T.Ravikumar For The Respondent : Mr.S.Sridhar Judgment By V.RAMASUBRAMANIAN The Revenue has come up with the above appeal under Section 260A of the Income Tax Act, 1961. 2. Heard Mr.T.Ravikumar, learned Standing Counsel for the appellant and Mr.S.Sridhar, learned counsel for the respondent - assessee. 3. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entered into by the assessee with a bank. On the strength of those details, a notice under Section 148 was issued on 17.2.1995 for reopening the assessment on the ground that some income has escaped assessment. 6. It appears that the assessee then filed a return of income on 10.9.1996. A hearing was granted, in which, the assessee objected to the reopening of the assessment. However, overruling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellate Authority in his order dated 10.5.2000 to the effect that the appellant had given up the first ground of attack, the assessee filed an application under Section 154. That application was rejected by the Commissioner (Appeals) by another order dated 28.3.2001. 8. As against the first order dated 10.5.2000, the assessee filed a further appeal in I.T.A.No.1268/2000 before the Tribunal. Sim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng into the facts of the case, the Tribunal held that the very initiation of proceedings under Section 147 was bad due to non service of notice. After so holding and allowing I.T.A. No.779/2001, the Tribunal closed the other appeal namely I.T.A.No.1268/ 2000, without going into any issues raised therein. 10. Unfortunately, without filing an appeal as against the order in I.T.A.No.779/2001, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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