JUDGMENT

T.S. Sivagnanam, J. - This appeal by the revenue filed under Section 260a of the Income Tax act, 1961, (the act, in brevity) is directed against the order dated 4.8.2017 passed by the Income Tax appellate Tribunal, 'B' Bench, Kolkata (Tribunal) in ITa/1248/Kol/2016 for the assessment year 2011-12. The revenue has raised the following substantial questions of law for our consideration.

a. Whether on the facts and the circumstances of the case, the Learned Tribunal has erred in law or in fact in quashing the order under Section 263 of the Income Tax act, 1961 passed by the Commissioner of Income Tax-4, Kolkata in the facts and circumstances of the case while passing the order dated 23rd January, 2014 under Section 143(3) of the Income Tax act, 1961, there was clear non application of mind in the said order passed by the assessing officer?

b. Whether on the facts and in the circumstances of the case, the Learned Tribunal has erred in law or in fact in quashing the order of the Commissioner of Income Tax-4, Kolkata in spite of the assessing officer having not passed a speaking order?

2. We have heard Mr. Tilak Mitra, learned senior standing counsel for the appellant and carefully