Large Tax Payer Unit v. M/S. Lupin Limited

ASN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.422 OF 2013 Commissioner of Income Tax (Large Tax Payer Unit). v. M/s. Lupin Limited. ..Appellant. ..Respondent. Mr. Vimal Gupta, Sr. Advocate with Ms. Padma Divakar for the Appellant. Ms. Vasanti Patel for the Respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATE : 18[th] March, 2013. PC: In this appeal by the revenue for assessment year 1996-97 following question has been raised for our consideration. Whether on the facts and in the circumstances of the case and in law the Tribunal was right in holding that the reopening of assessment within four years of the end of the relevant assessment year was bad in law as notice u/s.143(2) of the Income Tax Act, 1961 was not issued by the Assessing Officer even though the assessee company had participated in assessment proceedings? 2)The Tribunal in the impugned order allowed the claim of the respondent assessee that an assessment order passed under Section 143(3) of the Income Tax Act, 1961 (the Act) without issuing a notice under Section 143(2) of the Act is bad. This was so held by following the decision of the Supreme Court in the matter of ACIT v. Blue Moon reported in 321 ITR 362. Further, the Tribunal by following the decision of this court in the matter of CIT v. Salman Khan in Income Tax Appeal (L) No. 2362 of 2009 has held that Section 292BB of the Act will not be applicable in this case for assessment year 1996-97 as the above provision is applicable only with effect from assessment year 2008-09. 3)As the impugned order of the Tribunal is based on the decision of the Apex Court in the matter of Blue Moon (supra) and this court in the matter of Salman Khan (supra), we see no reason to entertain the question of law. 4)Accordingly, the appeal is dismissed with no order as to costs. (M.S.SANKLECHA, J.) (J.P. DEVADHAR, J.)