Itxa/5860/2010 Of The Commissioner Of Income Tax -4 Mumbai v. Sheorey Digital Systems Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2013 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. M/s. Sheorey Digital Systems Ltd. ..Respondent. Mr. Suresh Kumar with Vimal Gupta for appellant.None for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 29TH AUGUST, 2009. P.C. :- 1.Heard learned counsel for the revenue. Office objections are overruled. Registry is directed to register the appeal. At the instance of the revenue, appeal is taken up for admission. 2.The issue sought to be raised in the appeal revolves around the reopening of the assessment. After having considered the submissions and the factual circumstances, the Tribunal has recorded the finding reading as under:- " ....In other words, the disallowance has been made for want of verification of the additions made in the year under appeal. The order of the Assessing Officer does not reveal that the assessee had committed a mistake in the claim of depreciation. We therefore, hold that the Assessing Officer has reopened the assessment merely for the purpose of verification of the claim which is not permissible in law. The validity of the reopening of the assessment has to be seen in the light of the facts available on records and on the date of satisfaction whether there was any evidence supporting the additions made in the year under appeal or not could not be ascertained by the Assessing Officer on the date of recording of reasons for reopening of assessment. In the light of the decision of the Hon'ble Bombay High Court in the case of Ajanta Pharma Ltd. V/s. ACIT, 267 ITR 200 (Bom), the reopening of assessment in this case is not in order. The action has been taken merely on the basis of the instructions of the CBDT, notwithstanding the fact that the Assessing Officer was of the view that the claim made by the assessee was not wrong. " 3.In the above view of the matter, no substantial question of law arise in the appeal. In the result, the appeal is dismissed in limini with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)