The Commissioner Of Income Tax-20 v. Umesh Hiralal Gandhi

SSM IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 2269 OF 2010 The Commissioner of Income Tax-20.... AppellantVERSUS Umesh Hiralal Gandhi .... Respondent Ms. Suchitra Kamble for the Appellant.Mr. Sanjiv M. Shah for the Respondent. CORAM:J. P. DEVADHAR and MRIDULA BHATKAR J.J.DATED:JANUARY 25, 2011. P.C.: The question raised in this Appeal is whether the Tribunal was justified in quashing the notice U/s. 148 of the Income Tax Act, 1961 for reopening the assessment for Assessment Year 1997-98. Perusal of the order passed by the ITAT shows that the Tribunal has recorded a finding of fact, that in the present case, the assessment is SSM being reopened beyond four years from the end of the relevant assessment year and all material facts relevant for the assessment were disclosed by the assessee. It is well established in law that concluded assessments cannot be reopened beyond four years from the end of the relevant assessment. There is nothing in the appeal to suggest that the assessee had failed to disclose material facts. 2.In these circumstances, no fault can be found in the order of the Tribunal. Accordingly, the Appeal is dismissed. (MRIDULA BHATKAR, J) (J. P. DEVADHAR, J)