9911796707
TMI Blog2012 (11) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... Mandamus to quash the impugned order No.C.No.407/06/CIT-I/2011-12 dated 21.02.2012 and direct the respondents to reconsider the revision petition in accordance with law. 2. Heard Mr. S.M.S. Johnny Basha, learned Counsel appearing for the petitioner and Mr. R. Krishnamoorthy, learned Counsel appearing for the respondents. 3. The assessment order was passed on 24.03.2006 which according to the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Nine Lakhs and Ten Thousand only) towards advance received for the sale of agricultural land was disallowed and taken for assessment as unexplained income of the assessee under Section 68 of the Income Tax Act and the assessment for the year 2003-2004 was determined thereunder. 4. The petitioner, though has a right of appeal to the Commissioner of Income Tax (Appeals), chose to file a revision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orders passed by the Assessing Authority and taking note of the factual aspects of the case, in paragraph 6 of the order, declined to interfere with the order of the Assessing Officer dated 16.12.2010 by giving various reasons. The power under Section 264 of the Income Tax Act, 1961, is exercised by the authority for granting any relief if there is one. It also mandates that no order prejudicial t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court in exercise of power under Article 226 of the Constitution of India, is not inclined to entertain this writ petition against the order passed under Section 264 of the Income Tax Act, 1961, holding that the order is not prejudicial to the petitioner since the revisional authority has only declined to modify the order of the Assessing Authority. The petitioner has an alternative remedy unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
