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2013 (1) TMI 155

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....me Tax Act, 1961 (hereinafter referred to as the 'Act') from the order dated 30.9.2008 passed by the Income Tax Appellate Tribunal, 'A' Bench, Lucknow (hereinafter referred to as the 'Tribunal'), by which, the addition of Rs. 6 lakhs in the income of the assessee has been deleted. The Income Tax Commissioner, Bareilly has proposed the following substantial question of law said to be arising out of....

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..../s 147/148 can be issued irrespective of the time available for issue of notice u/s 143(2) as Section 151 of the Act does not prescribe any such time limit for issue of notice u/s 147/148 when time for issue of notice u/s 143(2) is left?" 2. Briefly stated, the facts giving rise to the present appeal are as follows: - The appeal relates to the Assessment Year 2005-06. The respondent-assessee sub....

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....ich was allowed by the impugned order dated 30.9.2008. The Tribunal found that there was no material before the Assessing Officer for initiating proceedings u/s 148 of the Act. Accordingly, the addition made after finalization of the return was illegal. 4. We have heard Sri Ashok Kumar, learned Senior Standing Counsel for the Revenue and Sri S.K. Garg for the respondent assessee. 5. Sri Garg has....

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.... words, in group cases, each case should individually satisfy the new monetary limits. The working out of monetary limits will therefore not take into consideration the cumulative revenue effect as envisaged in the Board's earlier instruction referred to above. 3. Adverse judgment relating to the following should be contested irrespective of revenue effect: (I) Where Revenue audit objection has ....