The Commissioner of Income Tax vs. M/s. B.M.Exports,

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