1 itxa2751-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2751 OF 2010 The Commissioner of Income Tax, Central-III ..Appellant. V/s. M/s. Dewan Housing Finance Corporation ..Respondent. Mr. Vimal Gupta for the appellant. Mr. Ajay R. Singh for the respondent. CORAM : J.P. DEVADHAR AND A.A.SAYED, JJ. DATED : 19TH JULY, 2011 P.C. :- 1. Whether the ITAT was justified in cancelling the reassessment order passed for AY 1999-2000, is the question raised in this appeal. 2. The assessment was sought to be reopened on the ground that during the course of the original assessment proceedings the assessee had claimed deductions on the income from fees and other services on which deductions section 36(1)(a)(viii) of the Income Tax Act, 1961 are not allowable. The finding of fact recorded by CIT(A) and 2 itxa2751-10 confirmed by the ITAT is that during the course of the original assessment proceedings, the assessing officer had called upon the assessee to furnish the particulars relating to fees and services and the assessee had by his letter dated 15/2/2001 placed the relevant particulars to substantiate the claim of deduction under section 36(1)(a) (viii) of the Income Tax Act, 1961. Accordingly, the Tribunal held that reopening of the assessment beyond the period of four years cannot be sustained as there was no failure on the part of the assessee to disclose fully and truly all the materials relevant for the assessment. In our opinion, no fault can be found with the reasoning of the ITAT. The appeal is dismissed with no order as to costs. (A.A. SAYED, J.) (J.P. DEVADHAR, J.)