Itxa/3373/2010 Of The Commissioner Of Income Tax -3 Mumbai v. Cifco Properties Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3373 OF 2010 The Commissioner of Income Tax-3, Mumbai ..Appellant. V/s. M/s. Cifco Properties Pvt. Ltd. ..Respondent. Ms. Anamika Malhotra for the appellant.Mr. Sameer G. Dalal for the respondent. CORAM : J.P. DEVADHAR AND A.A.SAYED, JJ. DATED : 22ND JULY, 2011 P.C. :- 1.Whether the ITAT was justified in holding that the reassessment proceedings initiated by the assessing officer for reopening of the assessment for AY 1999-2000 was bad in law, is the question raised in this appeal. 2.In the present case, in the original assessment order, the assessing officer had partially allowed the expenses claimed by the assessee. By reopening the assessment beyond four years from the end of the relevant assessment year, the assessing officer seeks to disallow the expenditure which was allowed in the original assessment. 3.The ITAT in para 18 of its order has recorded finding of fact that there was no new information or material coming into the possession of the assessing officer after the completion of the original assessment wherein the expenditure was allowed. In these circumstances, the reopening of the assessment beyond the period of four years being merely a change of opinion, it cannot be said that there was any failure on the part of the assessee to disclose fully and truly all material facts necessary for the purpose of assessment which is a mandatory requirement for reopening of the assessment beyond four years from the end of the relevant assessment year. 4.In this view of the matter, we see no merit in the appeal. The appeal is dismissed with no order as to costs. (A.A. SAYED, J.) (J.P. DEVADHAR, J.)