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TMI Blog2011 (3) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... and Mr. Sanjeev Sabharwal, learned counsel for the respondent. 2. This is the second round of litigation by the writ petitioner to this court. On the first occasion, this court on December 21, 2010 in WP(C) No. 7158 of 2010 had passed the following order : "Though many an issue was raised in the writ petition, yet Mr.Tiku, learned counsel appearing for the petitioner in course of h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed to decide the matter after affording an opportunity of hearing to the petitioner. Be it noted, the concession given by Mr. Sanjeev Sabharwal does not necessarily mean that in all circumstances when an order is passed under section 197 of the Income-tax Act, 1961, the doctrine of audi alteram partem has to be followed. In any case, when the order is passed on the consent given by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stipulated hereinabove, liberty is granted to the petitioner to move this court. The writ petition is disposed of, accordingly, without any order as to costs." 4. After the said order was passed, the Assessing Officer on February 10, 2011 vide annexure P-1 had passed an order under section 197 of the Income-tax Act, 1961 (for brevity, "the Act"). 5. Assailing the aforesaid order, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority could not have taken recourse qua the Act, the revisional authority, namely, the Commissioner, Income-tax, shall decide the revision adverting to all the issues within a period of three weeks positively. Needless to say, the Commissioner shall be well advised to deal with the issue of jurisdiction as that has been canvassed with vehemence and conviction by the learned senior counsel appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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