Dismissing the petition the Court held, that the findings rendered by the Supreme Court bound the parties including the assessee. The decision to reopen was based on the liberty which was granted by the Supreme Court in the first round of litigation and only placed the Department under the obligation of informing the assessee of their intent to invoke and rely upon the second proviso to section 147. Sufficient material existed before the Assessing Officer which would have justified the power to reassess being exercised. The submission regarding misinterpretation of the Dispute Resolution Panel’s order was unsustainable considering the undisputed fact that this was not a contention raised, urged or canvassed either before the High Court or before the Supreme Court. The assessee had not even argued that the conclusion drawn by the Assessing Officer on the basis of the order of the Dispute Resolution Panel was incorrect or arbitrary. It essentially required the court to review and revisit the findings rendered in this context in the first round of litigation. There was no justification to tread down this path. Writ petition dismissed. (AY.2008-09)