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2017 (9) TMI 175 - HC - Income TaxRevision under Section 264 - scope of revision - Held that:- The order passed under Section 264 of the Act is a detailed order with reasons and after considering the law laid down by the Supreme Court in the various decisions as mentioned in the order itself, it cannot be said by any stretch of imagination that it is a cryptic order. From perusal of the order impugned, it is clear that despite several opportunities, the petitioner did not avail any opportunity to account for the deposit of ₹ 16,31,700/- in his saving account. As result, ex-parte assessment order was framed. Petitioner was also given notice to pay the penalty, this too was not also availed of by the petitioner and it is only when the penalty order was passed and recovery proceedings started, the petitioner filed a revision under Section 264 of the Act. If we acceed to submissions of Shri Purohit, then in each case assessee will allow to proceed exparte and after limitation for filing appeal is over ask for quashing of exparte assessment order by invoking Section 264 of the Act. This cannot be the lagislature in proving remedy Under Section 264 of the Act.
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