1998 (2) TMI 82

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..... , passed by the Commissioner of Income-tax, North Eastern Region, Shilling, proposing to take action under section 263 of the Income-tax Act, 1961. For the assessment years 1994-95 and 1995-96 assessment orders were passed by the Assessing Officer under section 143(3) of the Act. The Commissioner of Income-tax by his earlier order dated February 21, 1997, in exercise of his power under section 2 .....

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..... ection 263 is not an arbitrary power and the same is to be exercised strictly in conformity with the statutory provisions. The power under section 263 is a power conferred on the revisional authority to suo motu revise an order only on fulfilment of the conditions precedent as enumerated in the section itself. The power, submitted Mr. Gogoi, cannot be exercised for the purpose of making a roving a .....

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..... er section 263 should not be exercised and the petitioner was advised to submit a written opportunity statement and to appear for hearing. It was for the petitioner to avail of that for passing necessary order. During the course of the argument Mr. Gogoi referred to a decision of this court in Smt. Daljeet Kaur v. CIT 184 ITR 149 and CIT v. Gabriel India Ltd. [1993] 203 ITR 108 (Born). In fact t .....

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..... tion 263 is required to act justly and fairly. The power is to be exercised objectively and dispassionately and thereafter decide the same in accordance with law. The power is to be exercised in the interests of justice limited not only to the assessee but also to the Revenue. The Legislature therefore provided on the administrative mechanism to the higher executive to revise the order in the situ .....

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..... tion 263. The facts enumerated above are matters which can be verified and evaluated by the Commissioner of Income-tax involving the questions of fact as well. As such no injustice is caused by the impugned order. Considering the facts and circumstances of the case 1 am not inclined to exercise my power under article 226 of the Constitution. Accordingly, the writ petition stands dismissed. &nbs .....

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