In The Commissioner Of Income Tax – 21, Mumbai v. Suyash Chemicals, the High Court (2012) dismissed the appeal. The decision went in favour of the assessee.
Decision: 2.In this view of the matter, both the appeals are dismissed with no order as to costs.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.913 OF 2011
AND
INCOME TAX APPEAL NO.910 OF 2011
The Commissioner of Income Tax – 21, Mumbai..Appellant.
Versus
Suyash Chemicals
..Respondent.
Mr.Suresh Kumar for the appellant.
Mr.Pankaj R Toprani with Ms.Kadambari Surve for the respondent.
CORAM : J.P. Devadhar &A.R. Joshi, JJ.
P.C. :
DATE :
17[th] January 2012
1.In these two appeals relating to assessment years 2000-2001 and 2001-2002, the Income Tax Appellate Tribunal while allowing the claim of the assessee on merits has held that the re-opening of the assessment for these two years was bad in law. The Revenue has not come in appeal against that finding of the Income Tax Appellate Tribunal. Once the order of the Income Tax Appellate Tribunal in holding that the re-opening of the assessment is invalid has attained finality, the question of considering the merits of the case does not arise.
2.In this view of the matter, both the appeals are dismissed with no order as to costs.
(A.R. Joshi, J.)
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