1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.664 OF 2007 Daman Ganga Pulp & Papers Pvt.Ltd. ...Appellant vs. The Dy.Commissioner of Income Tax ...Respondent. --- Ms.V.N.Patel, for appellant. Mr.J.S.Saluja, for Respondent. CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 21st October,2008. P.C.:- 1. There are two questions of law framed:- (i) Whether on the facts and in the circumstances of the case the ITAT was justified in upholding the proceedings 2 initiated u/s.148 of the Act in spite of the fact that there was no reason to believe that income had escaped assessment within the meaning of Sect.147 of the I.T. Act for the A.Y. 1997-98 ? (ii) Whether on the facts and in the circumstances of the case, the ITAT was justified in upholding the proceedings initiated u/s.148 of the I.T.Act in spite of the fact that the appellant had disclosed fully and truly all material facts necessary for assessment and there was no reason to believe that income for the A.Y. 1997-98 had escaped assessment within the meaning of Sec.147 of the Act? Admitted position is that when the assessment was done, only one document dated 6.1.1997 was produced. Though the second document dated 21.2.1997 by which the period of lease is extended from 11 months to 30 years, though is relevant for assessment, was withheld from the Assessing officer admittedly by the assessee. Therefore, it cannot be said that it is 3 question of mere change of opinion and there was no relevant material disclosed subsequently. We do not find any substance in the question of law. The appeal is rejected. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)