Siemens Information System Ltd v. Assistant Commissioner Of Income Tax..& Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2387 OF 2006 Siemens Information System Ltd... ..Petitioner Vs. Assistant Commissioner of Income Tax..& Ors ..................................Respondents Mr. A.K. Jasani, for the Appellant.Mr.P.S.Sahadevan, for the Respondents. CORAM : F.I. REBELLO&J.P. DEVADHAR, JJ.DATED : 17TH OCTOBER 2007 P.C. .Rule. Heard forthwith. The reasons to believe as set out in the communication addressed to the petitioner byletter dated 31st May, 2006 were that the assessee has toset off losses of Non 10A units against income of 10A unitsand thereafter, claim deduction under Section 10A of theI.T.Act on the balance amount. The second reason was the decision of Bombay ITAT "E" Bench in the case of Navin Bharat Industries Ltd. vs. DCIT 90 ITD 1. 2.Similar issue had come up for consideration in Writ Petition No.2386 of 2006 which we have disposed of by orderdated 1th October, 2007. We have held that both the reasonswould amount to mere change of opinion and consequently thereopening would be illegal and null and void. Consideringthe above rule made absolute in terms of prayer clause (a). In the circumstances of the case there shall be no order as to costs. (J.P. DEVADHAR, J.) (F.I. REBELLO, J)