Commissioner of Income Tax vs Uttam Chand Nahar

Rajesh Balia, J.—In this appeal, following substantial question of law arises out of the Tribunal''s order dt. 18th Sept., 2002 :

"Whether, on the facts and in the circumstances of the case, the Tribunal was justified in setting aside the reopening of the fact that proceedings initiated were on the basis of vague and non-specific information, which otherwise against the material on record ?"

The facts of the case are that after an intimation was sent u/s 143(l)(a) in respect of return filed by the assessee for the asst. yr. 1991-92 within the time prescribed, thereafter, notice for proceedings u/s 143(2) was not issued within the time prescribed, but proceedings under Sections 147/148 for reassessment have been initiated solely on the basis of failure on the part of assessing authority to take proper proceedings within the time prescribed for regular assessment.

On that premise, the notice u/s 147/148 of the IT Act for reopening of assessment for the asst. yr. 1991-92 has been found to be bad. The Tribunal also found that while issuing first notice, the AO did not record any satisfaction for escapement of income and second notice was also founded on vague grounds which could not have given any foundation for assessing the validity or reassessment proceedings.

The question suggested about the validity of reassessment proceedings which has been held against the Revenue is a substantial question of law. However, we find from the order of the Tribunal that the Tribunal has not rested its decision solely on the basis of the invalidity of the proceedings under Sections 147/148, but it has also decided the appeal filed by the assessee on merits of assessment also, on all the grounds raised by the assessee. The Revenue has not raised any grievance about the findings recorded on merit of the assessment. In view thereof, the question raised by the Revenue remains only academic, so far as this appeal is concerned, in as much even if the substantial question is decided in favour of the Revenue, it shall not affect the final order of Tribunal on merit. In view thereof, this appeal fails and it is hereby dismissed.