Commissioner of Income Tax vs Videsh Sanchar Nigam Ltd.

Whether the Tribunal was justified in cancelling the reopening of the assessment is the question raised in this appeal.

The finding of fact recorded by the income tax Appellate Tribunal is that in the present case the reasons recorded for reopening of the assessment though repeatedly asked by the assessee were furnished only after completion of the assessment. The Tribunal following the judgment of this court in the case of CIT v. Fomento Resorts and Hotels Ltd., income tax Appeal No. 71 of 2006 decided on November 27, 2006, has held that though the reopening of the assessment is within three years from the end of the relevant assessment year since the reasons recorded for reopening of the assessment were not furnished to the assessee till the completion of assessment, the reassessment order cannot be upheld. Moreover, SLP filed by the Revenue against the decision of this court in the case of CIT v. Fomento Resorts and Hotels Ltd. has been dismissed by the apex court, vide order dated July 16, 2007.

In this view of the matter, the present appeal is also dismissed with no order as to costs.