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2019 Supreme(SC) 1159

UDAY UMESH LALIT, INDIRA BANERJEE, M.R.SHAH
Principal Commissioner of Income Tax, Mumbai – Appellant
Versus
IVen Interactive Limited, Mumbai – Respondent


Advocates Appeared:
For the Petitioner(s):Anil Katiyar, Advocate
For the Respondent(s):K.R. Sasiprabhu, Vishnu Sharma, Biju P. Raman, Amit Mathur, Advocates

JUDGMENT :

M.R. SHAH, J.

1. Leave granted.

2. Feeling aggrieved and dissatisfied with the judgment and order dated 27.06.2018 passed by the High Court of Judicature at Bombay in Income Tax Appeal No. 94 of 2016, by which the High Court has dismissed the said appeal preferred by the Revenue and has confirmed the orders passed by the learned C.I.T. (Appeals) as well as I.T.A.T. quashing and setting aside the assessment order for A.Y. 2006-07, the revenue has preferred the present appeal.

3. That the respondent-assessee filed return of income for the Assessment Year 2006-07 on 28.11.2006 declaring total income of Rs. 3,38,71,716/-. The said return was filed under E-Module Scheme and thereafter a hard copy of the same was filed on 05.12.2006. The return of income was accompanied with balance sheet and profit and loss account. The return was processed under Section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as the ‘1961 Act’). That a notice under Section 143(2) of the 1961 Act was issued to the respondent-assessee on 05.10.2007. The notice was sent at the assessee’s address available as per the PAN database. That a further opportunity was provided to the assessee vide notic

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