Itxa/148/2009 Of The Commissioner Of Income Tax Central-Iii Mumbai v. M/S.bharat Pulverising Mills Pvt.ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.148 OF 2009The Commissioner of Income Tax..AppellantVs.M/s.Bharat Pulverising Mills Pvt.Ltd. ..RespondentMr.P.S.Sahadevan for Appellant.Mr.Deepak Tralshawala with Mr.Prashant Ghelanii/b. Tanvi Gandhi & Saten Vora for respondent.CORAM :- V.C.DAGA &J.P.DEVADHAR,JJ.DATE : 22ND APRIL,2009P.C.1.Heard the learned Counsel for parties. 2.The Revenue has filed this appeal against the order of the Tribunal dated 5th December, 2006contending that the Tribunal was not correct inupholding the CIT(A)’s order of quashing thereassessment order as illegal and void-ab-initio,ignoring and without appreciating the evidence on record and that the opportunity of being heard given to the assessee. 3.Learned Counsel appearing on behalf ofrespondent strongly canvassed that it was obligatoryon the part of Revenue to supply the reasons recordedfor reopening of assessment under section 147 of theIncome Tax Act,1961. Since no reasons were given,respondent was deprived of the right to object to thereasons recorded. He, thus, submits that order of the Tribunal, is in accordance with law and it need not be interfered with. 4.During the course of hearing, the reasons terms of this order by consent of parties. No order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)