Mumbai Cityiv, Mumbai v. M/S Bharat Builders Pvt.ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.909 OF 2007 The Commissioner of Income TaxMumbai CityIV, Mumbai..AppellantVs. M/s Bharat Builders Pvt.Ltd ...Respondent Mr.Vimal Gupta for AppellantNone for Respondent P.C. CORAM : Dr.S.Radhakrishnan andA.V.Nirgude, JJDATE : 4th July, 2008 1. Heard learned counsel for the appellant. Noneappears for the respondents though served. In theabove appeal, the appellant is seeking to raisethe following substantial questions of law : (a) The substantial question of law arisesin the present appeal is regarding theprovision in perform of section 139(1) ofthe Act and whether on the facts andcircumstances of the case and in law theHon’ble Tribunal erred in quashing thereassessment proceedings completed undersection 143 (3) r/w section 147 of the Act(b) Whether on the facts and circumstancesof the case and in law the Hon’bleTribunal erred ignoring the proviso tosection 139 (1)and section 139 (4) of theAct ? 2. We have perused the tribunal’s order. Sincethe Assessing Officer has re-opened the assessment without giving any reasons, the tribunal hasrightly allowed the appeal. We do not find anysubstantial questions of law. Appeal standsdismissed. { A.V.Nirgude, J } { Dr.S.Radhakrishnan, J } { Dr.S.Radhakrishnan, J } { Dr.S.Radhakrishnan, J }