THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
I.T.T.A.No.263 of 2008
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Naga Deepak, learned counsel for the
appellant and Ms. K.Mamata Choudary, learned Standing
Counsel for Income Tax Department appearing for the
respondent.
2. This appeal has been filed under Section 260A of the Income Tax Act, 1961 by the assessee as the appellant assailing the order of the Income Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad (Tribunal) in I.T.A.No.1117/Hyderabad/2005 for the assessment year 2002-03.
3. While admitting the appeal on 02.06.2009, no substantial questions of law were framed. 2
4. We find from the memo of appeal that the following questions have been proposed as substantial questions of law:
"1. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in upholding the order of reassessment under Section 148 of the Assessing Officer on a mere change of opinion?
2. Whether in view of the accounting policy followed by the appellant, the liability having been incurred by the appellant, (though to be quantified at a future date) during the year of account, a provision made on scientific basis could be disallowed in the hands of the appellant?"
5. Learned counsel for the appellant fairly submits that the questions raised in this appeal stand covered by a recent decision of this Court in M/s. Healthware Private Limited v. The Assistant Commissioner of Income Tax (I.T.T.A.No.443 of 2005, decided on 26.10.2022).
6. In view of the above and following the aforesaid judgment, the present appeal is dismissed. 3
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 02.11.2022 vs