The Commissioner Of Income Tax v. M/S.ahuja Builders

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.912 OF 2008 The Commissioner of Income Tax,Vs. M/s.Ahuja Builders ..Appellant ..Respondent Mr.A.S.Shivsharan for the Appellant.Mr.K.Shivram with Mr.Paras Savla for the Respondent. CORAM :- DR.S.RADHAKRISHNAN &S.J.KATHAWALLA, JJ. DATE : 23RD SEPTEMBER, 2008 P.C. .Heard the learned Counsel for the parties. In the above, the Appellant is seeking to raise the following substantial questions of law: a. Whether on the facts and circumstances ofthe case and in law, the Hon’ble Tribunal wasjustified in confirming the order of LearnedCommissioner of Income Tax (A) that thejurisdictional preconditions invoking theprovisions of section 147 of the Income TaxAct,1961 are not satisfied and therefore theentire proceedings are void?b. Whether on the facts and circumstances ofthe case and in law, the Hon’ble Tribunal wasjustified in confirming the order of theLearned Commissioner of Income Tax (A) thatthe reopening of the assessment was not onaccount of change of opinion of cogentevidence available on record i.e. thedifference in the amount of bogus loansintroduction in the books on one hand and thatdeclared in the VDIS ?c. Whether on the facts and circumstances ofthe case and in law, the Hon’ble Tribunal wasjustified in confirming the order of theLearned Commissioner of Income Tax (A) byignoring the fact that the Assessee had at no 2.In the above, the Commissioner of Income Tax information and it was only a case of change of opinion. 3.Over and above, as pointed out by the learned circumstances, there is no merit in the above Appeal. Hence, the same stands dismissed. (S.J.KATHAWALLA,J.) (DR.S.RADHAKRISHNAN,J.)