The Commissioner Of Income-Tax -24 Mumbai v. Shri Parasmal T. Jain

Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL No. 5589 of 2010 The Commissioner of Income-tax -24 Mumbai ... Appellant. Versus Shri Parasmal T. Jain ... Respondent. Mr Suresh Kumar for the appellant.None for the respondent. CORAM : J.P. Devadhar & A.R. Joshi, JJ.DATE : 28[th] November,2011. P.C. :- 1.Whether the Income Tax Appellate Tribunal (ITAT) was justified in quashing the block assessment order passed under section 158BC read with Section 143(3) of the Act is the question raised in this appeal. The ITAT by relying upon a judgment of this Court in the case of CIT vs. Mrs Sandhya P. Naik reported in 253 ITR 534 and an unreported judgment of this Court in the case of CIT vs. M/s Plastika Enterprises Tax Appeal No.1211/2008 dated 15[th ]December, 2008 has held that the block assessment passed beyond time after the last panchnama was bad in law and cannot be sustained. Since the decision of the Tribunal is based on the decisions of this Court, we see no reason to entertain the present appeal. Accordingly, the appeal is dismissed with no order as to costs. (A.R.Joshi,J) (J.P.Devadhar,J.)