Itta/51/2013 Of The Commissioner Of Income Tax I v. Ap State Agro Industries Development Corpration Limited

HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE Ms. JUSTICE G.ROHINI I.T.T.A.No.51 of 2013 Date: 20.06.2013 Between: The Commissioner of Income Tax-I,Hyderabad. .....Appellant AND AP State Agro Industries DevelopmentCorporation Limited, Hyderabad. ...Respondent HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE Ms. JUSTICE G.ROHINI I.T.T.A.No.51 of 2013 JUDGMENT:(per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta ) This appeal is sought to be admitted on the followingsubstantial questions of law: 1. Whether on the facts and in the circumstancesof the case, the order of the Tribunal is not perverse? 2. Whether on the facts and in the circumstancesof the case, the Tribunal is correct in law in holding thatthe reassessment proceedings are barred by limitation? 3. Whether on the facts and in the circumstancesof the case, the Tribunal is correct in law in entertaining anew ground that the reassessment proceedings arebarred by limitation, which was not raised either beforethe assessing officer or before the CIT (A)? We have gone through the impugned order of the AppellateTribunal and are of the considered view that the learned Tribunalhas decided the matter on correct proposition of law and also fact. The observation of the learned Tribunal that the initiation ofreassessment proceedings is barred by limitation is absolutelycorrect. This is mixed question of fact and law and this cannot beinterfered with by this Court. Moreover, the point of limitation is aquestion of law and it can be decided by any forum at any stagewhether it is taken or not. Therefore, we do not find any reason tointerfere with the order of the learned Tribunal. Accordingly, the appeal is dismissed. No order as tocosts. As a sequel, miscellaneous petitions, if any pending, shallstand dismissed. ___________________ K.J. SENGUPTA, CJ _______________ 20.6.2013 Gsn. G.ROHINI, J