Exide Industries Ltd. v. Commissioner Of Income Tax - I,Kolkata

OD-2 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/2176/2004 EXIDE INDUSTRIES LTD.

VS COMMISSIONER OF INCOME TAX -I,KOLKATA

BEFORE:

The Hon'ble JUSTICE MD. NIZAMUDDIN Date : 2nd January, 2024.

Appearance:

Mr. Abhratosh Majumder, Sr. Adv.

Ms. Nilanjana Banerjee, Adv.

..for the Petitioner Mr. Smarjit Roychowdhury, Adv.

..for Income Tax The Court : Heard learned Advocate appearing for the parties. By this revision petition, petitioner has challenged the impugned notice under Section 148 of the Income Tax Act, 1961, dated 28th May, 2004, relating to the assessment year 1998-99 on the ground that the notice being barred by limitation since it was issued after expiry of four years from the end of relevant assessment year and also on the ground that the issue on which assessing officer sought to re-open the assessment relating to assessment year 1998-99, the Tribunal has already held in favour of the assesseepetitioner relating to the assessment year 2000-01 and which was not further challenged by the Department. Petitioner submits that in case of reopening of any assessment under the old Act, after the expiry of four years from the end of relevant assessment year, mere escapement of income is not enough and there has to be omission or failure on the part of the assessee to

disclose fully and truly the relevant materials in course of the original assessment proceeding and in this case neither in the recorded reason there is allegation of non-disclosure or omission or failure on the part of the assessee petitioner to disclose fully and truly the materials on the basis of which the assessing officer intends to re-open the assessment nor there is any allegation that those materials were not disclosed in the original return. Petitioner in support of its contention relied on the judgement of this Court in the case in W.P. No.719 of 2014 (Calcutta Club Ltd. Vs. Income-tax Officer, Ward-12(3), Kolkata) reported in [2020] 114 taxmann.com 560(Calcutta) and submits that the aforesaid judgement has not been further challenged by the Department till date.

On perusal of the affidavit in opposition filed to the writ petition and considering the submissions of Mr.

dated 28th May, 2004, relating to assessment year 1998-99 is not sustainable in law and accordingly the same is quashed and all legal consequences will follow automatically.

With these observations, this writ petition being WPO/2176/2004 is disposed of.

(MD. NIZAMUDDIN, J.) S.De