TMI Blog2017 (9) TMI 175X X X X Extracts X X X X X X X X Extracts X X X X ..... said by any stretch of imagination that it is a cryptic order. From perusal of the order impugned, it is clear that despite several opportunities, the petitioner did not avail any opportunity to account for the deposit of ₹ 16,31,700/- in his saving account. As result, ex-parte assessment order was framed. Petitioner was also given notice to pay the penalty, this too was not also availed of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 04.03.2016 passed by the Principal Commissioner of Income Tax-II, Jabalpur under Section 264 of the Income Tax Act, 1961 (hereinafter referred to as the 'Act'). 2. Petitioner is an individual. From an AIR information submitted by the Bank, it came to the knowledge of Income-Tax Department that the total deposit of ₹ 16,31,700/- was credited in his saving account during the F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal powers, the Principal Commissioner of Income Tax-II, Jabalpur has a vast jurisdiction to do justice between the parites and when necessary material was placed before the revisional authority, it was his duty to pass an appropriate order or in the alternative matter ought to had been remanded back for the fresh assessment. 5. Shri Purohit has relied upon the decision of the Supreme Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preme Court is clearly distinguishable on the facts because of the cryptic order passed by the revisional authority under Section 264 of the Act and equally cryptic order passed by the High Court. 7. The order passed under Section 264 of the Act is a detailed order with reasons and after condsidering the law laid down by the Supreme Court in the various decisions as mentioned in the order itsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act. This cannot be the lagislature in proving remedy Under Section 264 of the Act. 8. From the material available on record, it is clear that petitioner is to thank himself for inviting all these troubles by not responding to the various notices issued to him by the Assessing Officer. We, therefore, find no merit and substance in the petition. Same is, therefore, dismissed. 9. Order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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