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2010 (10) TMI 820 - HC - Income TaxNotice issued under section 12AA(3) - petitioner submits that, the impugned notice is wholly without jurisdiction, inasmuch as, there is no direction in any order of the Income-tax Appellate Tribunal, Cuttack Bench, Cuttack, authorizing the issue of the impugned notice - Held that:- Though power has been vested under section 12AA(3) in the Commissioner of Income-tax to safeguard the interests of the Revenue, but such power vested in him can only to be exercised by him on a clear-cut satisfaction of the circumstances for exercise of such power. Although, the Tribunal's order quashed an earlier order of the Commissioner dated December 15, 2006, under section 12AA(3) the same order also clarified that such power "should be utilized quite cautiously and consciously". Therefore, no hesitation to direct of the impugned notice dated September 24, 2009 issued under section 12AA(3) vide annexure 1 to the writ petition and we order accordingly - writ application is allowed.
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