The Commissioner Of Income Tax v. M/S.nicholas Piramal India Ltd

bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.867 OF 2009 The Commissioner of Income Tax Vs.M/s.Nicholas Piramal India Ltd. ..Appellant ..Respondent Mr.Suresh Kumar for appellant.Mr.A.K.Jasani for respondent. CORAM :- V.C.DAGA &J.P.DEVADHAR,JJ. 28TH JULY, 2009 DATE : P.C. Heard learned Counsel for the parties. 2.The question sought to be raised in the appeal revolves around reopening of assessment u/s.147 of the I.T.Act beyond four years. The Tribunal has, in its order clearly recorded a finding that; “...................In the light of the ratio of the decision of the various High Courts referred to hereinabove, we are of the opinion that reopening of assessment u/s.147 beyond four years from the end of the assessment year, when an assessment u/s.143(3) has been made, for the purpose of excluding part of ‘other income’, which has been clearly shown and included in computing relief u/s.80HH in the original assessment, is clearly barred under proviso to Sec.147(1). In these circumstances, we quash the entire assessment as time barred and without jurisdiction.” 3.We find no fault with the view taken by the Tribunal. The appeal is without any substantial question of law. The same is, therefore, stands dismissed with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)