NEERAJ GUPTA vs. COMMISSIONER OF INCOME TAX

Whether Reporters of local papers may be allowed to see the judgment ?

To be referred to the Reporter or not ?

Whether the judgment should be reported in Digest ? BADAR DURREZ AHMED, J 1. This is an appeal under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as „the said Act‟) and it arises out of the order dated 30.01.2009 passed by the Income-tax Appellate Tribunal in ITA 386/Del/2005 in respect of the block period 01.04.1990 to 18.01.2001. The following substantial questions of law arise for consideration in this appeal:-

Whether, if the notice under Section 143(2) of the Income Tax Act, 1961 is held to have been issued within time, the block assessment order dated 30.07.2004 was barred by limitation?”

In an identical matter, in the case of Rajan Gupta v. Commissioner of Income-tax [ITA No.884/2009) decided by us today itself, we have answered the question No.1 above in favour the assessee and against the revenue. In view of the answer to question No.1, we did not feel it necessary to answer question No.2. Consequently, following our decision in Rajan Gupta v. Commissioner of Income-tax (ITA No.884/2009] decided today itself, we answer question No.1 in favour of the assessee and do not feel it necessary to answer question No.2.

The appeal stands allowed to this extent. There shall be no order as to costs.