2004 (5) TMI 40

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.... an appeal under section 260A of the Income-tax Act, 1961, filed by an assessee against an order, dated September 17, 2002, passed by the Income-tax Appellate Tribunal, Bench at Indore (for short called Tribunal, infra), in I.T.A. No. 228/Ind of 1996. Heard Shri G.M. Chafekar, learned senior counsel, with Shri S.K. Jain, learned counsel for the appellant, on the question of admission. Having....

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....cedure laid down in the Act and the rules framed thereunder and, secondly, the reasons which are made the basis for initiating proceedings under section 148 are either vague or not germane to the issue sought to be eventually made the basis for additions. Both these grounds were elaborately gone into and dealt with by the Tribunal with reference to the relevant case law on the subject dealing spec....

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....o not agree with learned counsel for the appellant when he placing reliance on the law laid down in the case of CIT v. Thayaballi Mulla Jeevaji Kapasi [1967] 66 ITR 147 (SC) contended that no notice as contemplated in this case law was served on the assessee. In our opinion, the facts of each case differ from other and hence, what has to be seen is the facts first and then law. As observed supra, ....

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....ge. It was found that there were adequate materials and reasons to initiate the proceedings under section 148 ibid. In our opinion, not raising an objection, nor indicating the prejudice caused, we cannot possibly hold that any question of law much less pure and substantial question of law arises in the entire proceedings initiated against the assessee under section 148 of the Act. Indeed, it w....