Supreme Court - Daily Orders
Assistant Commissioner Of Income Tax ... vs Ceat Limited on 10 October, 2022
Bench: M.R. Shah, Krishna Murari
ITEM NO.10 COURT NO.7 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 12643/2022
(Arising out of impugned final judgment and order dated 22-12-2021
in WP No. 3363/2019 passed by the High Court of Judicature at
Bombay)
ASSISTANT COMMISSIONER OF INCOME TAX
CIRCLE 6 (2)(1) MUMBAI & ORS. Petitioner(s)
VERSUS
CEAT LIMITED Respondent(s)
(FOR ADMISSION and I.R. )
Date : 10-10-2022 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MR. JUSTICE KRISHNA MURARI
For Petitioner(s) Mr. Balbir Singh, ASG
Mr. Rupesh Kumar, Adv.
Mr. Naman Tandon, Adv.
Mr. Rupinder Singhmar, Adv.
Mr. Raj Bahadur Yadav, AOR
For Respondent(s) Mr.Vanita Bhargava, Adv.
Mr. Ajay Bhargava, Adv.
Mr. Shantanu Chaturvedi, Adv.
Ms. Prerna Singh, Adv.
M/S. Khaitan & Co., AOR
UPON hearing the counsel the Court made the following
O R D E R
We have heard Mr. Balbir Singh, learned ASG appearing on behalf of the petitioners.
It is not in dispute that the assessment was sought to be re-opened beyond four years. Therefore, all the conditions Signature Not Verified under Section 148 of the Income Tax Act for re-opening the Digitally signed by SNEHA Date: 2022.10.11 17:46:09 IST Reason: assessment beyond four years are required to be satisfied .
Having gone through the reasons recorded for re-opening, we contd..
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are of the opinion that the conditions precedent for re- opening of the assessment beyond four years are not satisfied. The re-assessment was on change of opinion. There are no allegations of suppression of material fact. Under the circumstances, no error has been committed by the High Court in setting aside the re-opening notice under Section 148 of the Income Tax Act. We are in complete agreement with the view taken by the High Court. The Special Leave Petition stands dismissed.
Pending application(s), if any, shall stand disposed of.
(NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR