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TMI Blog2013 (3) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... . The petitioner has filed this petition against the show cause notice dt.21.3.2012 (Annexure P/1). By the aforesaid notice, it has been mentioned that on verification of the case of the petitioner in regard to assessment year 2006-07, it was observed that the assessee firm claimed expenses as compromise fee Rs.32,57,600/-, however, the aforesaid fee was paid on 29.9.2006 after the end of financ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the jurisdiction of issuance of show cause notice. It is contended that the income was mentioned in the return because there is no question to the effect that the petitioner had escaped the income. Learned counsel for the petitioner has submitted that the notice issued to the petitioner is without jurisdiction because in accordance with Section 147 of the Income Tax Act, 1961 if the assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been issued to the petitioner and the proceedings are pending before the authority. It is well settled principle of law that against a show cause notice, the petition is maintainable only if it is without jurisdiction or issued by an incompetent authority. This is not the case of the petitioner that the impugned notice (Annexure P/1) has been issued by an incompetent authority. It has clearly b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t cannot be said that the notice is without jurisdiction. The petitioner is at liberty to participate in the proceeding. The petitioner has already participated in the proceeding and tomorrow is the date of hearing.
In such circumstances, in our opinion, it would not be just and proper to entertain the petition at this stage. It is hereby dismissed. No order as to costs.
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