I.t.t.a v. The Appeal Is Accordingly Dismissed

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH,HYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE Ms. JUSTICE G. ROHINI I.T.T.A. No. 586 of 2012 DATE: 17.07.2013 Between: The Commissioner of Income TaxGuntur. … Appellant And M/s. B.M. Exports,Tanguturu, Prakasam District. … Respondent This court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE Ms. JUSTICE G. ROHINI I.T.T.A. No. 586 of 2012 JUDGMENT:(Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We have heard Sri B. Narasimha Sarma, learned counsel for theappellant and gone through the impugned judgment and order of the learnedTribunal. It appears in this matter that the reopening of the assessment was madeafter four years without bringing on record that the income chargeable to taxhas escaped assessment on account of failure on the part of the assessee. On this issue, the Tribunal in its earlier order in the case of ACIT vs.Gogineni Tobacco in ITA 482/Vizag/2008 held that reopening of theassessment was invalid. In any event on fact the learned Tribunal found thatattempt to reopen the assessment after four years without bringing on recordthat the income chargeable to tax has escaped assessment on account offailure on the part of the assessee is invalid. Therefore, we do not find anyreason to interfere with the impugned judgment and order of the learnedTribunal. The appeal is accordingly dismissed. ______________________ K.J. SENGUPTA, CJ _______________ G. ROHINI, J Date: 17.07.2013ES