M/S.HEALTHWARE PRIVATE LIMITED V. THE ASSISTANT COMMISSIONER OF INCOME TAX

ITTA/263/2008

AI Insights

The case involves M/s. Healthware Private Limited, which appealed against the order of the Income Tax Appellate Tribunal, Hyderabad, concerning the assessment year 2002-03. The appeal was based on two substantial questions of law regarding the legality of a reassessment order under Section 148 of the Income Tax Act and the disallowance of a provision made on a scientific basis. However, the court found that these issues were already covered by a previous decision in a similar case involving the same appellant and respondent, leading to the dismissal of the appeal.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 760784 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 02-11-2022
• Assessment Year: misc
• Other Referred Cases: 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)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: K MAMATHA CHOWDARY
• Assessee Lawyers: NAGA DEEPAK
• Keywords: Change of opinion; Income Tax; Reassessment; Provision Disallowance
• Section: 148; 260A

Judgement Text

"[ 32es ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO WEDNESDAY, THE SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY INCOME TAX TRIBUNAL APPEAL NO: 263 OF 2008 lncome Tax Tribunal Appeal under Section 260-4 of the lncome Tax Act, against the Order of the lncome Tax Appellate Tribunal, Hyderabad Bench 'B' Hyderabad in ITA No.1117lHydl2005, for assessmenl year 2002-2003 dated 2410312008 preferred against the order of the Commissioner of lncome Tax (Appeals)-lll, Hyderabad in ITA No-'17'1/ACIT 1(4yClT (A)-1U05-06 dated 23108/2005 preferred against the order of the Assistant Commissioner of Income Tax Circle 1(4) Hyderabad PAN/ GIR No.H-63/AAAC 6704 OP daled 25102120O5 Between: M/s.Healthware Private Limited, 8-2-62311, Banjara Hills, Hyderabad rep by its Managing Director Mr.K.Ram Narayan S/o.K.V.Subramanyam, Aged 54 Years. ...APPELLANT AND The Assistant Commissioner of lncome Tax, Circle - 1 [4], Hyderabad ...RESPONDENT For the Appellant : SRI NAGA DEEPAK FOR SRI S.RAVI, Advocate For the Respondent : Ms. K.MAMATHA CHOWDARY, SC FOR I.T.DEPARTMENT The Court made the following: JUDGMENT TH]' HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN AND TI]]1 HON'RLE SRI JUSTICE C.V.BHASKAR REDDY I.T.T.A.No.263 of 2008 JUDGMEIIT: eer the Hon'bLe the Cltief J stice Ujjal Bhutpn) Heeo'd Mr. Naga Deepak, learned counsel for the appellanl and Ms. K.Mamata Choudary, learned Standing Counsel lor Income Tax Department appearing for the respondent 2. This appeal has been filed under Section 260A of the Income '[ax Act, 196 1 by t1-re assessee as the appellant assailing the order of the Incorrre Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad (Tribunal) in I.T.A.No.I 117 lHyderabad I2OOS for the assessment year 2002-03. 3. Whrle admitting the appeal on 02.06.2OO9, no substan:ral questions of 1aw were framed. ) 4. We find from the memo of appeal that the following questions have been proposed as substantial questions of 1aw: \"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 Ofhcer on a mere change of opinion? 2. Whether in vierv 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 yeat of account, a provision made on scientihc 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 Commissloner of Income .Tax (1.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. t J Misc:ellaneous applications pending, if any, shall stand clos,r:d. However, there shall be no order as to costs. Sd/.B.S.CHIRANJEEVI .IOINT REGISTRAR //TRUE COPY// [;ECTIO FFICER The lnconre Tax Appellate Tribunal, Hyderabad Bench 'B' Hyderabad. The Comnissioner of lncome Tax (Appeals)-lll, Hyderabad. The Assis':ant Commissioner of lncome Tax, Circle -1(4) Hyderabad. One CC kr Sri S.Ravi, Advocate [OPUC] One CC k) Ms. K.Mamatha Chowdary, SC for l.T.Departrnent [OPUC] Two CD Copies t I To Kj 1 2 a 4 5 6 t-l HIGH COURT DATED 0211112022 JUDGMENT ITTA.No.263 :f 2008 r ?027 0EI 26 /s ) D l./ qi'i9:ir.' ry . '- E-:r @ DtsMrss,NG rHE |TTA. (n ru r "