2023 (1) TMI 680

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....peal. Affidavit-in-opposition has been filed and the learned counsel appearing for the respondent would strenuously oppose the delay on the ground that there is absolutely no explanation offered for the inordinate delay. Though we are partially agree with the learned counsel for respondent, we are considering an appeal under Section 260A of the Income Tax Act, 1961 and we are required to see as to whether any substantial question of law arises for consideration. Considering this factor we are inclined to exercise discretion in favour of the appellant/revenue and condone the delay. The application for condonation of delay (IA No.GA/1/2022) is allowed. ITAT/187/2022 This appeal by the revenue filed under Section 260A of the Income Tax A....

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.... the notices under Section 148 were duly been considered and assessment were made? We have heard Ms. Smita Das De, learned standing Counsel appearing for the appellant/revenue and Mr. Pranit Bag, learned Counsel for the respondent/assessee. The short issue which arises for consideration in the instant appeal is whether the Assessing Officer could have issued a second notice under Section 148 of the Act when the assessee had filed his return of income in response to the first notice issued under Section 148A and such return was not disposed of. This question of law has been answered in several decisions and one of the earliest decisions is in the case of S. Raman Chettiar vs. CIT reported in (1961) 42 ITR 700, wherein the Court held that ....