Commissioner Of Income Tax-21 v. Mr. Jayesh P.choksi

ASN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.145OF 2012 Commissioner of Income Tax-21. v. Mr. Jayesh P.Choksi. ..Appellant. ..Respondent. Ms. S.V.Bharucha for the Appellant.Ms.Vasanti B. Patel for the Respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATE : 22nd March, 2013. PC: In this appeal by the revenue for assessment year 1998-99, following questions have been raised for our consideration. a)Whether on the facts and in the circumstances of the case and in law the Tribunal was justified in applying the ratio of the jurisdictional High Court in the case of Jet Airways India Ltd. reported in 331 ITR 326 wherein it was held that if Assessing Officer does not assess income for which reasons were recorded under Section 147 of the Income Tax Act then he cannot assess other income under Section 147 of the Income Tax Act,1961? b)Whether the Tribunal was justified in quashing the order of reassessment under Section 147 of the Income Tax Act,1961 by holding that the Assessing officer travelled beyond the scope of the proceedings under Section 148 of the Act by making an addition under Section 14A of the Income Tax Act,1961? 2) The Tribunal in the impugned order has followed the decision of this Court in the matter of CIT v. Jet Airways (I) Ltd. reported in 331 ITR 236 in allowing the claim of the respondent assessee. The revenue is not able to point out any distinguishing feature in this case from that in Jet Airways (I) Ltd. (supra) warranting a different view. Thus, we see no reason to entertain question (a) as proposed. 3) So far as question (b) is concerned the same becomes academic in view of our not entertaining question (a). Therefore, we see no reason to entertain question (b) as proposed. 4)costs. Accordingly, the appeal is dismissed. No order as to (M.S.SANKLECHA, J.) (J.P. DEVADHAR, J.)