1 itxa4304-09 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4304 OF 2009 The Commissioner of Income Tax - 1, Mumbai ..Appellant. Versus M/s.Associated Cement Co. Limited ..Respondent. Mr.Vimal Gupta for the appellant. Mr.Niraj Seth with Mr.Atul K. Jasani for the respondent. CORAM : J.P. Devadhar & Mrs.Mridula Bhatkar, JJ. DATE : 11th January, 2011. P.C. : 1. In the present case, re-opening of assessment beyond four years has been set aside by the Tribunal on the ground that all material facts were disclosed by the assessee for completion of the assessment and no new material have been brought on record by the assessing officer. There is nothing on record to show that there was any failure on the part of the assessee to disclose fully and truly all material facts relevant for the assessment. 2. In this view of the matter, the order of the Tribunal cannot be faulted. The appeal is accordingly dismissed. No costs. (Mrs.Mridula Bhatkar, J.) (J.P. Devadhar, J.)