Itta/109/2014 Of The Commissioner Of Income Tax-Iv v. A Sridhar Laxman

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH ATHYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 109 of 2014 Date: 25.02.2014 Between: The Commissioner of Income Tax-IV,Hyderabad. … Appellant And A. Sridhar Laxman,Hyderabad. … Respondent This Court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 109 of 2014 JUDGMENT:(Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) We have heard Mr. Prasad, learned counsel for the appellant,and gone through the impugned judgment and order of the learnedTribunal. It appears that the learned Tribunal found that the AssessingOfficer wanted to reopen the case on the basis of the same material,which was available on record at the time of original assessment. Initially, the assessment order was passed considering and examiningthe same material. Therefore, it is a clear case of two possible opinions of fact. Thesettled position of law is that two possible views are possible and whenone of them is taken up the second cannot be a ground for reopening theassessment. We therefore do not find any reason to interfere with thejudgment and order of the learned Tribunal though we are not happy withthe way the Tribunal written the judgment, but the facts narrated andfindings recorded are good enough. The appeal is accordingly dismissed. No order as to costs. ___________________ K.J. SENGUPTA, CJ ___________________ SANJAY KUMAR, J