2007 (12) TMI 472

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....der:-   Tribunal ITA No. 205/2004 ITA No. 1538 (Delhi) 1998 Assessment Year 1987-88, dated 23-9-2003 ITA No. 206/2004 ITA No. 1539 (Delhi) 1998 Assessment Year 1988-89, dated 23-9-2003 ITA No. 207/2004 ITA No. 1540 (Delhi) 1998 Assessment Year 1989-90, dated 23-9-2003   2. The revenue has claimed that the following substantial questions of law would arise for consideration of this Court:- "1. Whether in the facts and circumstances of the case, the ITAT was justified in annulling the assessment for the assessment year under consideration holding that after dropping the proceedings under section 147/148 no fresh notice under section 148 was issued to the assessee and without issuance of fresh n....

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....th the issue of notice under section 148 were dropped by the Assessing Officer vide order sheet entries dated 31-3-1992 ignoring that no judgment was pronounced on 31-3-1992 as there was no order under section 143(3)/147 regarding the dropping of proceedings and there was no corresponding entry in the D&CR recording dropping of such, proceedings and accordingly, proceedings remained alive in the absence of any valid order under the relevant provisions of law. 6. Whether on the facts and circumstances of the case, the ITAT was justified in holding that no notice under section 148 was issued after dropping proceedings on 31-3-1992 ignoring that in the absence of any order under section 147/143(3) the proceedings initiated with the is....