THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
I.T.T.A.No.604 of 2015
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Rohan Aloor, learned counsel for the appellant
and Ms. K.Mamata Choudary, learned Senior Standing Counsel for
the Income Tax Department appearing for the respondent.
2. This appeal has been preferred by the assessee under Section 260A of the Income Tax Act, 1961 (briefly 'the Act' hereinafter) assailing the order dated 07.02.2008 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad (briefly 'the Tribunal' hereinafter) in I.T.A.No.365/Hyd/2006 for the assessment year 2003-04.
3. While admitting the appeal on 06.01.2016, no substantial questions of law were framed.
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 ::2::
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 Tax1.
6. In view of the above and following the aforesaid judgment, the present appeal is dismissed. No costs.
Miscellaneous applications pending, if any, shall stand closed.
__________________ UJJAL BHUYAN, CJ _______________________ C.V.BHASKAR REDDY, J Date: 03.11.2022 LUR 1 ITTA.No.443 of 2005, decided on 26.10.2022