2007 (11) TMI 657

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....question of law as to whether, in the facts and circumstances of the case, the Tribunal was right in dismissing the appeal following its earlier order on the issue of directions by the CIT(A) without going into the merits of the case to see if the reopening was valid, the present tax case appeal is filed. The relevant assessment year is 1998-99. 2. The assessee filed the return of income for th....

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....n respect of another year. In the meanwhile, the AO, as per the direction of the CIT(A), reopened the assessment and completed the assessment. 3. Aggrieved by the said order, the assessee filed an appeal before the CIT(A). The CIT(A), following the order of the Tribunal in ITA Nos. 23 to 26/Mad/2003 dt. 26th July, 2004, cancelled the reopened assessment for the asst. yr. 1998-99 observing that ....

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....Nos. 1380 to 1383 of 2005 CIT vs. T.A. Krishnaswamy (HUF), to which one of us (K. Raviraja Pandian, J.) is a party, held : "7. Of course, the factual aspect stated by the learned junior Central Government standing counsel that the Karta of HUF filed the declaration under VDIS might be correct. But, the fact finding authority clearly recorded a finding that the properties, which are the su....