Itxa/1150/2011 Of Commissioner Ofg Income Tax, Central -Ii, Mumbai-20 v. M/S Tech Pacific (India) Pvt Ltd, Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LOD) NO.1701 OF 2010 The Commissioner of Income Tax ..Appellant. V/s. M/s. Tech Pacific (India) Pvt. Ltd. ..Respondent. Mrs. Padma Divakar for the appellant. Mr. J.D. Mistri, senior Advocate with A.K. Jasani for the respondent. CORAM : J.P. DEVADHAR AND SMT. R.S. DALVI, JJ. DATED : 29TH MARCH, 2011 P.C. :- 1.Whether ITAT was justified in holding that initiation of reassessment proceedings for AY 2000-01 by notice dated 29/3/2007 is invalid, bad in law and null and void, is the question raised in this appeal. In the present case, the ITAT has quashed the reassessment proceedings by recording a finding that the reasons recorded for reopening the assessment beyond the period of 4 years from the end of the relevant assessment, nowhere allege that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment. The Tribunal has further recorded a finding that the reassessment proceedings have been initiated without there being any fresh material which has come into the possession of the assessing officer. Since the decision of the tribunal is based on finding of fact, no question of law arises from the order of the Tribunal. The appeal is dismissed with no order as to costs. (SMT. R.S. DALVI, J.) (J.P. DEVADHAR, J.)