Itta/321/2013 Of The Commissioner Of Income Tax Iv v. Prefab Gratings Limited

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH ATHYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAAND THE HON’BLE SRI JUSTICE K.C. BHANU I.T.T.A. No. 321 of 2013 DATE: 07.08.2013 Between: The Commissioner of Income Tax-IV,Hyderabad. … Appellant And Prefab Gratings Limited,Hyderabad. … Respondent This Court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE K.C. BHANU I.T.T.A. No. 321 of 2013 JUDGMENT:(Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) After hearing Sri J.V. Prasad, learned counsel for the appellant andgoing through the impugned judgment and order of the learned Tribunal, wefind that the learned Tribunal on fact found that the assessment was sought tobe reopened under Section 147 of the Income Tax Act, 1961 beyond theperiod of four years. Therefore, the action itself is without jurisdiction. When the learned Tribunal has found on fact that the assessment wassought to be reopened beyond four years, this Court does not find anyelement of law to admit the appeal. The appeal is accordingly dismissed. _____________________ K.J. SENGUPTA, CJ ________________K. C. BHANU, J