In The Commissioner Of Income Tax - 8, Mumbai v. M/S.tropicate Textiles Private Limited, the High Court (2011) dismissed the appeal. The decision went in favour of the assessee.
Issue: 1.The question of law raised in these appeals are, whether the Tribunal was justified in holding that the reasons recorded for reopening the assessent are not sufficient and adequate to assume jurisdiction under Section 148 read with Section 147 of the Income Tax Act, 1961.
Decision: The appeals are accordingly 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 BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.4300 OF 2009
ANDINCOME TAX APPEAL NO.688 OF 2010ANDINCOME TAX APPEAL NO.689 OF 2010
The Commissioner of Income Tax - 8, Mumbai
..Appellant.
Versus
M/s.Tropicate Textiles Private Limited..Respondent.
Mr.Suresh Kumar for the appellant.Mr.Nilesh Joshi with Mr.Atul K. Jasani for the respondent.
P.C. :
CORAM : J.P. Devadhar &
Mrs.Mridula Bhatkar, JJ. DATE : 17[th] January, 2011.
1.The question of law raised in these appeals are, whether the Tribunal was justified in holding that the reasons recorded for reopening the assessent are not sufficient and adequate to assume jurisdiction under Section 148 read with Section 147 of the Income Tax Act, 1961. Perusal of the order of the Tribunal, particularly para-15 thereof clearly shows that the decision of the Tribunal is based on finding of fact. No substantial question of law arises from the order of the Tribunal. The appeals are accordingly dismissed with no order as to costs.
(Mrs.Mridula Bhatkar, J.)
(J.P. Devadhar, J.)
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