Bombay H.C : the present case the reasons recorded for reopening of the assessment though repeatedly asked by the assessee were furnished only after completion of the assessment

High Court Of Bombay

CIT vs. Videsh Sanchar Nigam Ltd.

Section : 147

J.P. Devadhar And A.A. Sayed, JJ.

IT Appeal No. 4235 Of 2010

July 20, 2011

JUDGMENT

1. Whether the Tribunal was justified in cancelling the reopening of the assessment is the question raised in this appeal.

2. The finding of fact recorded by the Income-tax Appellate Tribunal is that in the present case the reasons recorded for reopening of the assessment though repeatedly asked by the assessee were furnished only after completion of the assessment. The Tribunal following the judgment of this court in the case of CIT v. Fomento Resorts & Hotels Ltd., IT Appeal No. 71 of 2006, dated 27-11-2006, has held that though the reopening of the assessment is within three years from the end of the relevant assessment year, since the reasons recorded for reopening of the assessment were not furnished to the assessee till the completion of assessment, the reassessment order cannot be upheld. Moreover, special leave petition filed by the Revenue against the decision of this court in the case of Fomento Resorts & Hotels Ltd. (supra) has been dismissed by the apex court, vide order dated July 16, 2007.

3. In this view of the matter, the present appeal is also dismissed with no order as to costs.

[Citation : 340 ITR 66]

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