The Commissioner Of Income Tax-5 v. M/S. Cadbury India Ltd

SSM IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 2293 OF 2010 The Commissioner of Income Tax-5.... AppellantVERSUS M/s. Cadbury India Ltd. .... Respondent Ms. Padma Divakar for the Appellant.Mr. Yuvraj K. Singh i/by Cr. Bayley & Co. for the Respondent. CORAM:J. P. DEVDHAR 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 reassessment order passed under Section 143 (3) read with Section 147 by holding that the re-opening of the assessment under Section 147 was not valid. 2.Perusal of the order passed by the ITAT shows that in the SSM 2123.itxa.2293.10 present case, the assessment was sought to be reopened beyond a period of four years from the end of the relevant assessment year and the Tribunal has recorded finding of the fact, that in the present case there is no failure on the part of the assessee to disclose fully and truly, all material facts necessary for the purpose of assessment. 2.In our opinion, the decision of the Tribunal is based on finding of the fault and no fault can be found in the order of the Tribunal. Accordingly, the Appeal is dismissed. (MRIDULA BHATKAR, J) (J. P. DEVDHAR, J)