M/S. Healthware Private Limited vs The Assistant Commissioner Of ...
2022 Latest Caselaw 5621 Tel

Citation : 2022 Latest Caselaw 5621 Tel
Judgement Date : 3 November, 2022

Telangana High Court

M/S. Healthware Private Limited vs The Assistant Commissioner Of ... on 3 November, 2022

Bench: Ujjal Bhuyan, C.V. Bhaskar Reddy

          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

ITTA.No.443 of 2005, decided on 26.10.2022