The Commissioner of Income Tax vs. M/s. B.M.Exports,
What did the High Court hold?
The High Court upheld the ITAT's decision, finding no reason to interfere with the order. The reopening of assessment after four years was deemed invalid without proof of assessee's failure leading to escaped income.
What were the facts?
The Income Tax Appellate Tribunal (ITAT) had previously held that the reopening of assessment after four years was invalid. The assessee argued that there was no failure on their part leading to escaped income. The High Court reviewed the ITAT's order.
What were the issues?
Whether reopening of assessment after four years is valid without establishing failure on the part of the assessee leading to escaped income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, HYDERABAD
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE Ms. JUSTICE G. ROHINI
I.T.T.A. No. 586 of 2012
DATE: 17.07.2013
Between:
The Commissioner of Income Tax Guntur. … Appellant
And
M/s. B.M. Exports, Tanguturu, Prakasam District. … Respondent
This court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE Ms. JUSTICE G. ROHINI
I.T.T.A. No. 586 of 2012
JUDGMENT: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
We have heard Sri B. Narasimha Sarma, learned counsel for the appellant and gone through the impugned judgment and order of the learned Tribunal. It appears in this matter that the reopening of the assessment was made after four years without bringing on record that the income chargeable to tax has escaped assessment on account of failure on the part of the assessee. On this issue, the Tribunal in its earlier order in the case of ACIT vs. Gogineni Tobacco in ITA 482/Vizag/2008 held that reopening of the assessment was invalid. In any event on fact the learned Tribunal found that attempt to reopen the assessment after four years without bringing on record that the income chargeable to tax has escaped assessment on account of failure on the part of the assessee is invalid. Therefore, we do not find any reason to interfere with the impugned judgment and order of the learned Tribunal. The appeal is accordingly dismissed.
______________________ K.J. SENGUPTA, CJ
_______________ G. ROHINI, J
Date: 17.07.2013 ES
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