The Commissioner Of Income Tax-20 v. M/S. General Exports

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1683 OF 2011 The Commissioner of Income Tax-20..Appellantversus M/s. General Exports ..Respondent -------- Mr. Abhay Ahuja for the Appellant. Mr. Sameer G. Dalal for the Respondent. ............. CORAM : J.P. DEVADHAR & M.S.SANKLECHA, JJ. DATE : 17[th] January, 2013 P.C. : Not on board. Mentioned, taken on board. 2In this appeal the revenue has reframed the following substantial questions of law for our consideration. a)Whether on the facts and in the circumstances of the case and in law, ITAT is legally right in holding that the assessment was reopened after expiry of four years and the assessee had on its own not suppressed any facts, the assessment made was invalid. On the basis of the same order, Tribunal dismissed the appeal of the department without going into merits of the case? b) Whether on the facts and in the circumstances of the case and in law, ITAT has erred in not considering the facts of reopening of assessment proceedings was due to retrospective amendment to section 80HHC on allowable deduction u/s 80 HHC of the Income Tax Act, 1961? 3 The Advocates for the appellant and respondent state that the in view of the fact that the challenge to order of the Tribunal reopening the assessment for the assessment year for 2001-02 was dismissed by this court today in Income Tax Appeal No.1206 of 2012, the proposed questions of law, on merits of the quantum would not survive. 4Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P.DEVADHAR, J.)