Itta/131/2013 Of The Commissioner Of Income Tax I v. M/S. Bilt Paper Holdings Ltd

HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE Ms. JUSTICE G.ROHINI I.T.T.A.No.131 of 2013 Date: 28.06.2013 Between: Commissioner of Income Tax I,Hyderabad. .....Appellant AND M/s Bilt Paper Holdings Ltd.,Secunderabad. ...Respondent HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE Ms. JUSTICE G.ROHINI I.T.T.A.No.131 of 2013 JUDGMENT: (per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta ) This appeal is sought to be admitted on the following suggestedquestion of law: “Whether, on the facts and in the circumstances ofthe case, the Tribunal was correct in law in quashing thereassessment order on the ground that reopening isinvalid?” This appeal is preferred against the order of the learnedTribunal dated 14.08.2008 in relation to the assessment year 1997-98. We have heard the learned Counsel for the appellant and gonethrough the impugned judgment and order. It appears from the findings of the learned Tribunal that theassessee has disclosed all the material facts at the time of originalassessment and on fact it was found that there was no reason toreopen the assessment and as such the issuance of notices underSections 147 and 148 of the Income Tax Act is invalid. The learnedTribunal, in our view, correctly held that the reopening of theassessment is invalid. The learned Tribunal has decided the matter oncorrect proposition of law and also on facts. Therefore, we do not findany reason to interfere with the order of the learned Tribunal. Accordingly, the appeal is dismissed. No order as to costs. Miscellaneous petitions, if any, pending shall also stand closed. ___________________ K.J. SENGUPTA, CJ _______________ G.ROHINI, J 28.6.2013 Gsn.