Commissioner Of Income Tax (It) - 3 v. M/S. Jyske Invest Administration A/S

R.M. AMBERKAR (Private Secretary) IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J.INCOME TAX APPEAL NO. 649 OF 2017 Commissioner of Income Tax (IT) - 3 Versus ..Appellant M/s. Jyske Invest Administration A/s.A/c. Jyske Invest Indiske Aktier ..Respondent ................... Mr. Tejveeer Singh Mastan Singh for the Appellant ................... CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ. DATE : JUNE 6, 2019. P.C.: 1.The Revenue is in the appeal against the judgment of the Income Tax Appellate Tribunal, Mumbai (“the Tribunal”for short) dated 2.6.2016. 2.The following question is presented for ourconsideration:- "Whether on the facts and in the circumstances of the case and inlaw, the Tribunal has erred in quashing the re-assessmentproceedings u/S. 147 without examining the case on its merit?" 3. The issue pertains to validity of reopening ofassessment. The Tribunal quashed the notice of reopening of assessment relying on a decision of the Tribunal in case ofone Investeringsforeningen BankInvest I Afd Indien & Kina.In the impugned judgment, the Tribunal recorded that thereasons were identical in both the cases. Earlier Tribunalhaving quashed the reopening of assessment in the saidcase, the Tribunal in the present case also followed thesame. 4.Learned counsel for the Revenue fairly pointed out thatthe decision of the Tribunal in the case ofInvesteringsforeningen BankInvest I was carried in theappeal before this Court in Income Tax Appeal No. 838 of2015 and connected appeals and the Revenue's appealswere dismissed by judgment dated 16.1.2018. Under thesecircumstances, without recording separate reasons, thisappeal is also dismissed. [ S.J. KATHAWALLA, J. ] [ AKIL KURESHI, J ]