The Commissioner Of Income Tax - 17, Mumbai v. M/S.k. Mohan & Co. (Exports) (Regd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.2347 OF 2010 AND INCOME TAX APPEAL NO.1263 OF 2011 The Commissioner of Income Tax - 17, Mumbai Versus M/s.K. Mohan & Co. (Exports) (Regd.) ..Appellant. ..Respondent. Mr.D.K. Kamwal for the appellant.Mr.Atul K. Jasani for the respondent. CORAM : J.P. Devadhar & Smt.R.P. Sondurbaldota, JJ. P.C. : DATE : 1[st] July, 2011. 1.In both these appeals, the question raised by the Revenue is whether the Income Tax Appellate Tribunal was justified in canceling the re-assessment proceedings initiated by the assessing officer beyond the period of four years from the end of relevant assessment year. 2.In both the cases, the assessment was sought to be reopened on account of retrospective amendment to Section 80HHC introduced by the Taxation Laws Amendment Act, 2005 with effect from 1[st] April 1998. If the legislature amends the provisions of the Act with retrospective effect, it cannot be said that there was failure on the part of the assessee to disclose fully and truly all material facts relevant for the purpose of assessment. 3.In this view of the matter, we see no reason to interfere with the order of the Tribunal. Both the appeals are accordingly dismissed with no order as to costs. (Smt.R.P. Sondurbaldota, J.) (J.P. Devadhar, J.)