Itxa/1301/2012 Of The Commissioner Of Income Tax -8 v. Orbitech Solution Ltd

sbw *1* IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1301 OF 2012 The Commissioner of Income Tax-8-Versus-M/s. Orbitech Solution Ltd. ..Appellant ..Respondent ........... Mr. Arvind Pinto for the Appellant. Mr. Porus Kaka i/b. A. K. Jasani for the Respondent. ........... CORAM: S.C. DHARMADHIKARIAND A. K. MENON, JJ. DATE :- 24[th] SEPTEMBER, 2014 P.C.: 1]We have heard Mr. Pinto, learned counsel, appearing for the Revenue in support of this Appeal. It challenges the order of the Tribunal in Income Tax Appeal No.6067/Mum/2008 only to the extent of ground Nos.1 to 4. These grounds deal with validity of proceedings under section 148 of the Income Tax Act, 1961. The Commissioner and the Tribunal both have adverted to the reasons for reopening of the assessment. They are found not to be covered or falling within the statutory provision enabling reopening of assessment. If there was only an arithmetical mistake in taking the figures of the interest on bank deposit, then, the 1/2 concurrent finding is that the same could have been corrected under section 154 of the Act. That remedy was not adopted. In such circumstances, recourse to section 147 was not permissible. In arriving at this factual finding, the Tribunal took assistance of the Division Bench judgment of this Court in the case of Hindustan Unilever Ltd. V/s. Deputy Commissioner of Income Tax and Another reported in (2010) 325 ITR 102. 2]We do not find that such conclusions raises any substantial question of law. They are not vitiated by any error of law apparent on the face of the record or perversity enabling interference in further Appellate jurisdiction of this Court. The Appeal is devoid of merits and hence, it is dismissed accordingly. No costs. (A. K. MENON, J.) (S.C. DHARMADHIKARI, J.) 2/2