TMI Blog2008 (3) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... rg Rakesh Kumar Garg,J 1. The Revenue has filed the present Appeal under Section 260A of the Income Tax Act, 1961(for short 'the Act') against the order dated 5.4.2007 passed by the Income Tax Appellate Tribunal, Delhi Bench 'I' New Delhi (for short 'the Tribunal'), in ITA No.316/DEL/2005 for the Assessment Year 1999-2000 raising the following proposed substantial questions of law: - "a)Whether on the facts and in the circumstances of the case , the Hon'ble ITAT was right in law in holding that issue of notice u/s 148 was invalid and that the assessment so framed lacks jurisdiction ? b) Whether on the facts and in the circumstances of the case , the Hon'ble ITAT was right in law in holding that the Assessing Officer was no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 147 of the Income Tax Act as there was no case for the Assessing Officer to hold that the income had escaped assessment. Before the Commissioner of Income Tax(Appeals), the following undisputed facts emerged in the case:-"a)That proceedings u/s 142 (1) had indeed been initiated by the Assessing Officer for the assessment year 1999-2000 vide notice dated 23.2.2000 and this fact is no more in dispute . b) That no assessment order was at all framed to conclude the proceedings initiated u/s 142(1). c) That the AO did not have any information on record regarding the initiation of proceedings u/s 142(1) prior to this fact having brought on record by the appellant. d) That there was no escapement of income once the return had bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asons, the stand of the Assesssing Officer cannot be accepted as the notice under section 148 of the Act was invalid notice and the assessment so framed under section 143 (2) lacks jurisdiction. The appeal of the Revenue was dismissed. Feeling aggrieved against the said order of the Tribunal, the revenue has filed the present appeal in this Court. Shri Yogesh Putney, Advocate, learned counsel for the Revenue has vehemently argued that the assessee did not file any return of income in response to notice dated 23.2.2000 issued under section 142(1) of the Act by 31.3.2001and the return filed by the assessee on 18.10.2001 was not a valid return and therefore, the said return was treated as invalid return by the Assessing Officer and on the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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