The Commissioner Of Income Tax – 9, Mumbai v. Technimont Icb Private Limited, Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.1691 OF 2012 The Commissioner of Income Tax – 9, Mumbai..Appellant. Versus Technimont ICB Private Limited, Mumbai..Respondent. Mr.Tejveer Singh for the appellant.Mr.Atul K. Jasani with Mr.P.C. Tripathi for the respondent. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 30[th] January 2013 P.C. : 1.The basic issue arising in this appeal is, whether the assessing officer is entitled to reopen the assessment under Section 148 of the Income Tax Act, 1961 beyond the period of four years from the end of relevant assessment year ? 2.The Tribunal in the impugned order has recorded a finding of fact that the respondent – assessee had furnished all details at the time of filing its return and completion of assessment originally under Section 143(3) of the Income Tax Act, 1961. Consequently, re-opening is being done merely on change of opinion. Moreover, the Tribunal recorded a fact that the reasons recorded by the assessing officer do not mention that there was any failure on the part of the respondent – assessee to disclose fully and truly all material facts necessary for the purpose of assessment. 3.In view of the fact that the decision of the Tribunal is based on finding of fact, the present appeal cannot be entertained. Accordingly, the appeal is dismissed with no order as to costs. (M.S. Sanklecha, J.) (J.P. Devadhar, J.)