Itta/535/2013 Of Commissioner Of Income Tax - Ii v. M/S. Intelligroup Asia Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH ATHYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 535 of 2013 DATE: 31.10.2013 Between: Commissioner of Income Tax-II,Hyderabad. … Appellant And M/s. Intelligroup Asia Pvt., Ltd.,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. 535 of 2013 JUDGMENT:(Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred partially against the judgmentand order of the learned Tribunal, dated 22.06.2012, on the following suggested questions of law. “(a) Whether on the facts and in the circumstances of the case,the appellate Tribunal is justified in holding that there is no failure onthe part of the assessee to disclose fully and truly all the materialfacts inspite of the assessee making a deliberate claim for deductionunder Sec.10A of Income Tax Act on clearly inadmissible items? (b) Whether on the facts and in the circumstances of the case,the Appellate Tribunal is justified in holding that there is no failure onthe part of the assessee despite the fact that explanation 1 to Section147 of Income Tax Act clearly prescribing that mere production ofbooks would not amount to true and full disclosure? Therefore, the issue is whether on the fact and circumstances of thecase, the assessing officer was entitled to reopen the assessment underSection 147 of the Income Tax Act, 1961 beyond the ordinary period of fouryears. The learned Tribunal on fact found that there was no failure on the partof the assessee to disclose fully and truly all the material facts necessary forre-assessment, meaning thereby, the conditions for initiating reopeningproceedings beyond the period of four years are not satisfied. When thefactual position stood thus, we are unable to admit the appeal in view of theaforesaid factual findings. Further, we do not find the aforesaid findings recorded by the Tribunal are perverse. Hence, no element of law is involvedin this appeal. The appeal is accordingly dismissed. _____________________ K.J. SENGUPTA, CJ Date: 31.10.2013ES ____________________ SANJAY KUMAR, J