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2009 (12) TMI 294 - HC - Income TaxRevision- petitioner is engaged in the business of mechanical fabrication and erection pursuant to orders received from customers. At times, a part of the contract is entrusted to sub-contractors. From the payments required to be made to the sub-contractors, the petitioner deducts income-tax at source wherever required in accordance with the provisions contained in section 194C of the Act and deposits the amount so deducted with the authorities. The Assessing officer issued the notice u/s 154, and the petitioner agreed to rectification. Thereafter Assessing Officer issued notice u/s 148. on enquiry petitioner found that its counsel and accountant made a mistake in filing the return. Thereafter the Assessing officer passed the in the proceeding u/s 148. while passing the order u/s 264 the Commissioner held that the revised return filed by the petitioner was bogus and not authenticate on the verification report. On a writ petition contending that the order u/s 264 by the Commissioner was not sustainable on the ground that (1) verification report was not furnished (2) authorities did not consider the revised return. Held that- (1) as the verification report not submit to the petitioner it is violation of principle of natural justice. (2) the petitioner had filed the revised return, therefore, the finding in the order that it was bogus and not authentic could not be accepted. Thus allow the petition by giving the order of fresh assessment.
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