Itta/386/2013 Of The Commissioner Of Income Tax Iv v. M/S Matrix Power Pvt Ltd

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE K.C. BHANU I.T.T.A. No.386 OF 2013 DATED:3.9.2013 Between: The Commissioner of Income Tax-IV,Hyderabad. … Appellant And M/s. Matrix Power Pvt. Ltd.,Hyderabad. ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ANDTHE HON’BLE SRI JUSTICE K.C. BHANU I.T.T.A. No.386 OF 2013 Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We have heard Mr. J.V. Prasad, learned counsel for the appellantand have gone through the impugned judgment and order of the learnedTribunal. The present appeal is sought to be admitted on the followingsuggested questions of law: 1)Whether on the facts and in the circumstances of the case and in law,the order of the Tribunal suffers from perversity in considering irrelevantmaterial ignoring those relevant in arriving at its conclusions ?the order of the Tribunal suffers from perversity in considering irrelevantmaterial ignoring those relevant in arriving at its conclusions ? 2)Whether on the facts and in the circumstances of the case and in law,the Tribunal is correct in holding that the reassessment proceedings ofthe assessing officer are null and void ?the Tribunal is correct in holding that the reassessment proceedings ofthe assessing officer are null and void ? It appears, the learned Tribunal has found that the AssessingOfficer while reopening the assessment under Section 148 of theAct has relied on one of the two possible views. It is settledprinciple of law that on that ground, no reopening of assessment ispermitted. The Tribunal has come to a correct finding. Under the circumstances, the appeal is dismissed. ___________________ K.J. SENGUPTA, CJ ____________ K.C. BHANU, J 3.9.2013PNB