M/S. Deepodaya Finance Corporation, ... vs The Income Tax Officer, Hyderabad.
2025 Latest Caselaw 2062 Tel

Telangana High Court

M/S. Deepodaya Finance Corporation, ... vs The Income Tax Officer, Hyderabad. on 12 February, 2025

Author: P.Sam Koshy

Bench: P.Sam Koshy

               THE HON'BLE SRI JUSTICE P.SAM KOSHY

                                       AND

     THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA

                  I.T.T.A.Nos.167, 168 and 169 of 2008

COMMON JUDGMENT:

(per the Hon'ble Sri Justice P. Sam Koshy)

The instant appeals have been filed by the appellants under Section

260A of the Income Tax Act, 1961 (for short, 'the Act') assailing the

common order dated 27.04.2007, in I.T.A.Nos.504/Hyd/1999,

I.T.A.No.524 & 525/Hyd/2001, passed by the Income Tax Appellate

Tribunal, Hyderabad 'A' Bench (for short, the 'Tribunal') for the

assessment year 1994-95, 1995-96 and 1996-97.

2. Heard Mr. A.V.A. Siva Kartikeya, learned counsel for the

appellants, and Ms. Bokaro Sapna Reddy, learned Junior Standing

Counsel for Income Tax appearing on behalf of the respondent.

3. The challenge in the instant appeals are on the ground that the

Tribunal has failed to see that the reopening proceedings under Section

148 of the Act stood vitiated as the return of income has already been

filed, and therefore, no reassessment proceedings could have been

initiated.

4. However, perusal of the records would show that the authority

concerned had reopened the assessment under Section 148 of the Act

and had granted two opportunities to the appellants herein and the

appellants also participated in the proceedings, and thereafter, the

impugned common order has been passed. That the order passed by the

Tribunal was subjected to challenge before the Commissioner of Income

Tax (Appeals) - I, Hyderabad, as also before the Tribunal. However, the

appellants have lost at all forums.

5. Upon due consideration of the facts and circumstances of the case,

we do not find the question raised by the appellants to be a question of

law, much less a substantial question of law, as all the grounds raised

are pure question of facts having been duly considered by the authorities

concerned at all levels.

6. The appeals thus being devoid of merit, fails and are accordingly

rejected. No costs.

7. As a sequel, miscellaneous petitions pending if any, shall stand

closed.

__________________ P.SAM KOSHY, J

_________________________________ NARSING RAO NANDIKONDA, J

Date: 12.02.2025 GSD