THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A. No. 428 of 2014
DATED:17.07.2014 Between:
The Commissioner of Income Tax, Vijayawada.
And R.K. Real Estates, Khammam.
… Appellant ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A. No. 428 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This appeal is directed against the judgment and order of the learned Tribunal dated 8.1.2014 in relation to the assessment year 2005-06, by which, the appeal of the Revenue has been dismissed.
It was a case of reopening of assessment made initially under Section 143 of the Income Tax Act, 1961 (for short ‘the Act’). The Commissioner of Income Tax found that the pre- conditions for reopening of the assessment are not satisfied and this fact finding has been accepted by the learned Tribunal.
When the pre-conditions are not satisfied, we are of the view that the reopening of the assessment was not called for.
The appeal is therefore dismissed.
Consequently, the miscellaneous applications, if any pending, shall also stand closed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 17th July, 2014 pnb