The Commissioner Of Income Tax - V, Pune v. Bajaj Auto Finance Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5202 OF 2010 The Commissioner of Income Tax - V, Pune Versus Bajaj Auto Finance Limited ..Appellant. ..Respondent. Mr.Vimal Gupta for the appellant.Ms.Vasanti B. Patel for the respondent. CORAM : J.P. Devadhar & A.A. Sayed, JJ. P.C. : DATE : 25[th] July, 2011. 1.Whether the Income Tax Appellate Tribunal was justified in quashing the reassessment proceedings initiated under Section 148 of the Income Tax Act, 1961 is the question raised in this appeal. 2.The Tribunal in para-4 of its judgment has recorded a finding of fact that the disclosure made by the assessee was complete and there was no failure on the part of the assessee to disclose fully and truly all material facts necessary for the purpose of assessment and, therefore, reopening of the assessment beyond four years from the end of the relevant assessment year was not justified. 3.The decision of the Tribunal is based on finding of fact. No question of law arises from the decision of the Tribunal. The appeal is accordingly dismissed with no order as to costs. (A.A. Sayed, J.)