2009 (7) TMI 54

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....KUMAR GOEL, J. - The revenue has preferred this appeal under Section 260A of the Income Tax Act, 1961 (for short, "the Act") against the order of the Income Tax Appellate Tribunal, Chandigarh Bench"A" Chandigarh dated 31.7.2008 passed in I.T.A.No. 314/Chandi/2008 for the assessment year 2004-05, proposing to raise the following substantial question of law: " Whether on the facts and in the circum....

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....d not be issued during the pendency of the assessment and only remedy for the assessing officer was to proceed under Section 143(2) of the Act. The said view has been upheld by the Tribunal. The Tribunal, inter alia, relied upon the judgment of Calcutta High Court in CESC Ltd and another v. DCIOT 263 ITR 402, judgment of Bombay High Court in CIT vs. Rajendra G.Shah 247 ITR 772 and judgment of this....

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.... have been done in terms of the return. It was further held that unless the return was disposed of, no notice in respect of the same could be issued as held by the Hon'ble Supreme Court in Trustees of H.E.H. The Nizam's Supplemental Family Trust v. CIT 242 ITR 381. The judgments of the Calcutta High Court and Bombay High Court in CESC Limited's case and Rajendra G.Shah's case (supra) are based on ....

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.... gave reply which was duly considered in the assessment made. 7. Learned counsel for the assessee submitted that since notice was under Section 147 of the Act and was invalid, the view taken by the CIT(A) as well as by the Tribunal was correct. 8. The judgments relied upon in the impugned orders do not consider the effect of amendment by way of explanation 2(b) to Section 147. Even if we assume ....