1 itxal123-11 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.123 OF 2011 The Commissioner of Income Tax - 9, Mumbai ..Appellant. Versus M/s.Dharmik Exim Private Limited ..Respondent. Mr.Suresh Kumar for the appellant. Mr.Pankaj R. Toprani for the respondent. CORAM : J.P. Devadhar & A.A. Sayed, JJ. DATE : 20th July, 2011. P.C. : 1. Although three questions of law are raised by the Revenue in this appeal, the basic question is whether the Income Tax Appellate Tribunal was justified in holding that the reopening of the assessment was not valid. 2. Admittedly, the notice under Section 148 of the Income Tax Act, 1961 in the present case has been issued beyond four years from the end of relevant assessment year 2000-01. The finding of fact recorded by the Tribunal is that there was no failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment. 3. Since the decision of the Tribunal is based on finding of fact, no substantial question of law arises from the order of the Tribunal. The appeal is accordingly dismissed with no order as to costs. (A.A. Sayed, J.) (J.P. Devadhar, J.)