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The Court : We have heard Mr. Prithu Dudhoria, learned standing counsel
appearing for the appellant/revenue and Mr. Pranit Bag, learned counsel appearing for
the respondent/assessee.
The learned Tribunal had set aside the reopening of the assessment under
Section 147 of the Income Tax Act, 1961 on the ground that the notice issued under
Section 148 of the Act was neither physically signed nor digitally signed by the
Assessing Officer. In support of the conclusion, the learned Tribunal relied upon a
decision of the High Court of Bombay in Prakash Krishnavtar Bhardwaj Vs. Income Tax
Officer, reported in (2023) 150 taxmann.com 60 (Bom.).
The learned counsel appearing for the respondent/assessee shall verify as to
whether the said decision has attained finality and whether any appeal is pending
before the Hon’ble Supreme Court.
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