Itxa/234/2010 Of The Director Of Income Tax (International Taxation ) v. M/S Bnp Paribas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.115 OF 2008ANDINCOME TAX APPEAL (L) NO.116 OF 2008ANDINCOME TAX APPEAL (L) NO.117 OF 2008ANDINCOME TAX APPEAL (L) NO.119 OF 2008(NOT ON BOARD) The Director of Income Tax(International Taxation ..Appellant. V/s. M/s. BNP Paribas ..Respondent. Mr.P.S.Sahadevan for appellant. Mr.H.Toor with Y.K.Singh i/b. Crawford Bayley & Co. for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 23RD JULY, 2009. P.C. :- 1.Income Tax Appeal No.119 of 2008 is not on board. By consent of the parties, taken up for hearing. 2.Heard learned counsel for the revenue and the respondent. Office objections are overruled. Registry is directed to register the appeals. 3.The issue sought to be raised in the above appeals revolves round the reopening of the assessment after expiry of four years. The findings of fact are recorded by CIT as well as the Tribunal that there was no failure on the part of the assessee to disclose the true and material facts. Apart from that the Tribunal has recorded a positive findings that the department is not able to furnish the reasons for reopening the assessment. For exercising the powers of reopening of the assessment, recording of findings is necessary. Both the questions sought to be raised is also covered by the judgment of Grindwell Norton Ltd. V/s, Jagdish Prasad,Asstt. Commissioner of Income Tax & Ors. reported in (2004) 267 ITR 673. In this view of the matter, no substantial question of law arise in these appeals. All the appeals are, therefore, dismissed in limini with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)