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TMI Blog2015 (12) TMI 977X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner of Income Tax (Central), Ludhiana [CIT(C)] whereby the revision petition filed by him under section 264 of the Income Tax Act, 1961 (in short, "the Act") has been dismissed. 2. A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The petitioner is a resident of Village Issapur, Tehsil Derabassi, Mohali. An agreement was entered amongst West Point Properties Pvt. Limited, New Delhi dated 27.2.2006, Annexure P.1 through Harish Bhasin, Director and second party namely S.S.Empires Pvt. Limited, Pritam Singh and Harjinder Kaur etc. for the purchase of 50 acres agricultural land at Village Rampur Kalan Tehsil Derabassi, District Mohali at the rate of Rs. 15.25 lacs per acre. An amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... am Singh through cheque No.4262 dated 22.4.2006 from the same UTI Bank account. Subsequently, the petitioner had withdrawn on 22.4.2006 an amount of Rs. 44.90 lacs for the same object as was received from Pritam Singh being bank to bank transfer. Action of search under section 132 of the Act was undertaken on 10.8.2006 on various companies and individuals whereby the petitioner was covered under Section 132A of the Act. The Axis Bank account of the petitioner was closed on 12.8.2006 since the same was containing none other transactions except the aforesaid duly explained through source to source and there being disputes amongst the purchasing party namely West Point Properties Pvt. Limited and Pritam Singh. It was mutually decided and agree ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to Rs. 40,48,400/- was levied vide order dated 30.6.2009, Annexure P.5. The petitioner filed a revision petition dated 29.1.2009 before CIT(Central) against the order dated 30.12.2008 which was dismissed on 31.3.2010, Annexure P.6. The appeal dated 29.7.2009 filed by the petitioner against penalty was dismissed and the levy of penalty was upheld by the CIT (Appeals) vide order dated 2.6.2011, Annexure P.7. The said order was challenged before the Tribunal. Vide order dated 26.9.2013,Annexure P.8, the Tribunal dismissed the appeal. The petitioner approached this Court through ITA No.112 of 2014. On 31.7.2014, Annexure P.9, the petitioner filed RTI application praying for supply of records relatable for the assessment. The same was transf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 09591. The money was received in the bank account of the assessee but was withdrawn in cash and thereafter there was no trace of the said amount. In case the transaction was so transparent, the money should have been returned by cheque in the same manner as it was received but this was not so. The petitioner was also asked to provide the original MOU and compromise deeds and other such documents. He had expressed his inability to produce the originals. 6. The assessee had failed to produce sufficient material either before the Assessing Officer or CIT(C) in revisional proceedings on the basis thereof a finding of fact could have been returned in favour of the petitioner. The factual matrix was required to be established by producing materi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discretionary and not obligatory without being exhaustive, it is settled law that the Court would not ordinarily issue a writ in favour of a person, who has (i) an adequate alternative remedy, (ii) who is guilty of delay which is unexplained, (iii) who is guilty of conduct disentitling him to relief, (iv) where the interest of justice do not require that relief should be granted, (v) where the petitioner raises a disputed question of fact, (vi) where the grant of writ would be futile, and (vii) where the impugned law has not come into force. It would follow from the above that the grant or refusal of a writ is within the judicial discretion of the Court and that indeed is the line which divides the extra ordinary remedy from the ordinary o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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