2008 (3) TMI 254

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....following substantial questions of law:- (i)"Whether the Tribunal is justified in having dismissed the appeal of the assessee as infructuous mechanically overlooking the legality and the merits ? (ii)"Whether the Tribunal order is sustainable against the provisions of section 153(2A) as per which the set aside proceedings are barred by limitation ? 2. The assessee, who is the Proprietor of M/s Vikas Enterprises is in the Lottery business. During the impugned year, the assessee filed the return of income at an amount of Rs.97,290/- on 30.3.1998 which was processed under Section 143(1)(a) of the Act on 31.3.1998.. Case was selected for scrutiny and assessment was made under Section 144 on 15.3.1999 at an amount of Rs.45,90,048/- maki....

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....assessee to produce computerized accounts and after making necessary inquiries and verification in relation thereto./ In view of these directions, it is not necessary to adjudicate upon the two issues raised by the revenue in this appeal." 4. It is also relevant to mention here that during the intervening period vide order dated 30.3.2002, the Assessing Officer, in compliance of the order dated 4.4.2004 of the Commissioner of Income Tax(Appeals) made the addition of Rs.25 lacs as undisclosed income on account of investment of the assessee in the form of FDRs. The assessee filed an appeal against the said order before the Commissioner of Income Tax(Appeals), who vide his order dated 20.2.2004 dismissed the appeal filed by the assessee. Th....

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...., as the same has resulted into a miscarriage of justice to the assessee. He has further argued that the order of the Tribunal is in divergence to the rules of judicial consistency and the matter has been remanded mechanically to the Assessing Officer overlooking the period of limitation prescribed under Section 153(2)(a) of the Act, wherein the proceedings have already become time barred as on 31.3.2007.  We find no force in the arguments raised by the learned counsel for the appellant. A perusal of the impugned order, i.e., order dated 9.2.2007 passed in ITA No.5153/Del/2004 shows that the Tribunal has taken note of the fact that in the appeal filed by the Revenue before the Tribunal, i.e., ITA No.3682/Del/2000 decided on 25.11.2005,....