Bombay High Court
Pr Commissioner Of Income Tax 3 vs M/S Stup Consultants Pvt Ltd on 25 March, 2019
Bench: Akil Kureshi, Sarang V. Kotwal
1 17-ITXA 41-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.41 OF 2017
Pr. Commissioner of Income Tax-3, Mumbai. ] ... Appellant
Versus
M/s. Stup Consultants Pvt. Ltd. ] ... Respondent
Mr. Sham Walve for Appellant.
CORAM :- AKIL KURESHI &
SARANG V. KOTWAL, JJ.
DATE :- 25 MARCH, 2019 P. C. :-
1. This Appeal is filed by the Revenue challenging the Judgment of the Income Tax Appellate Tribunal. The following question is raised :
"Whether on the facts and in the circumstances of the case and in law, the Hon'ble ITAT was justified in holding that reassessment proceedings are invalid as no new tangible material has come on record post original assessment, when, in the original assessment the subject issue of reopening was neither raised nor discussed and decided ?"
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2 17-ITXA 41-17.odt
2. The issue pertains to the legality of reopening of assessment. The Tribunal, by the impugned Judgment, held that the Assessing Officer had no reason to believe that income chargeable tax has escaped assessment. The Tribunal noted that in the case of this very Assessee, the Tribunal has accepted the accounts drawn by the Assessee. Further, we note that the reopening of assessment was done at the instance of audit party. Under the circumstances, we find no error in the view of the Tribunal. No question of law arises. The Income Tax Appeal is dismissed.
(SARANG V. KOTWAL, J.) (AKIL KURESHI, J.)
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