TMI Blog1978 (11) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant assessment years, viz., assessment years 1958-59 and 1959-60, the corresponding accounting years for these two year s are the years ending 31st March, 1958, and 31st March, 1959, respectively. These assessments were completed on 31st January, 1961, on a total income of Rs. 4,12,987 and Rs. 4,69,809, respectively. Thereafter, on 6th January, 1964, the petitioner made an application for rectification of their assessment for the two years, contending, inter alia, that the addition of Rs. 1,25,294 and Rs. 11,729 for the two assessment years was not justified for the reasons indicated in the letter and that the assessments were required to be rectified and credit given to the company in respect of the excess tax demand. A copy of this a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondence was carried on with the Commissioner in which he was invited to reconsider his decision But this request was not acceded to. The petitioner also addressed a letter to the CBDT and the Board also declined to interfere in the matter. The petitioner then also addressed a letter to the Finance Minister, but the Government refused to intervene. Mr. Vyas, on behalf of the petitioner, has submitted that irrespective of the merits of the application for rectification the ITO was required to pass an order thereon, which would be an order on the merits of the same, and it was not proper for the Commissioner to usurp the functions of the ITO. According to him, if an appropriate order had been passed, then if the same was adverse to the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mination. This order must not be taken to mean that either there is substance in the application for rectification or there is not. The ITO will pass his order on the application for rectification on merits after considering the application and the applicable legal provisions. Accordingly, the rule is made absolute in terms of prayer (a). It is unnecessary to consider prayer (b). Further, in view of the fact that the ITO concerned has been specifically directed under this order to ignore the communications of the Commissioner, the CBDT and the Govt. of India at the time of passing his order on the application for rectification, it becomes unnecessary to give any relief in terms of prayer (c) and no specific order need be made since these ..... X X X X Extracts X X X X X X X X Extracts X X X X
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