2010 (9) TMI 47

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....der Section 260A of the Income Tax Act, 1961 (hereinafter referred to as "Act, 1961") challenging the order dated 15th October, 2009 passed by the Income Tax Appellate Tribunal (for brevity "Tribunal") in ITA No. 2180/Del/2007 for the Assessment Year 1997-1998. 2. The relevant facts of this case are that on 30th November, 1997, respondent-assessee filed a return of '48,49,862/- for the Assessme....

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....ncome Tax (Appeals) [in short, "CIT(A)"] vide its order dated 30th November, 2005 allowed the same holding that the issuance of notice under Section 148 of the Act, 1961 was bad in law. However, the CIT(A) gave certain directions to the AO. 5. Aggrieved with the order of CIT(A), the Revenue filed an appeal before the Tribunal. However, the same was dismissed. 6. In the meanwhile, on 10th May....

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....well as CIT(A) under Section 250 and 154 of Act, 1961. 9. In our opinion, there has been a dramatic change between the period the present appeal was filed and today. In fact, during this interregnum, Revenue's appeal against the Tribunal's initial order dated 07th November, 2008 has been dismissed. The Division Bench's order in the said appeal being ITA No.457/2010 is reproduced herein-below:- ....

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....e the re-assessment proceedings on the point of limitation. The Tribunal also noted that the assessee, who was aggrieved by the order of the Commissioner of Income Tax (Appeals) on merits, had also filed a letter seeking withdrawal of the cross-objection filed by the assessee.  Consequently, the Tribunal dismissed the Revenue's appeal on the point of the limitation as also the assessee's cros....