1998 (3) TMI 87

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....1, the assessee requires us to direct the Income-tax Appellate Tribunal to draw up a statement of the case and refer the following questions for the opinion of this court : "1. Whether the Tribunal was right in not annulling the assessment ? 2. Whether the Tribunal was right in thinking that the fit order to be passed is only to set aside and not to annul the assessment particularly in a case wh....

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....presentative appeared and the case was discussed with him." The assessee further carried the dispute in appeal contending that the aforesaid observations are factually incorrect, inasmuch as none appeared on behalf of the assessee before the Assessing Officer and the matter was not discussed with any representative of the assessee. Both the Commissioner of Income-tax (Appeals) and the Appellate T....

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....sment proceeding does not cease to be a proceeding under the Act merely by reason of want of notice and it would be a proceeding liable to be challenged and corrected. In Guduthur Bros. v. ITO [1960] 40 ITR 298, the Supreme Court, almost in the same factual background, held that the Income-tax Officer had jurisdiction to continue the proceedings from the stage at which the illegality had occurred....