Binding precedent controls writ challenge to revisional tax order after earlier view is overruled

A revisional order under section 263 was challenged in writ jurisdiction, but the assessment had been made on the basis of an earlier High Court view that was later overruled by a binding Full Bench decision. Once that precedent no longer survived, the foundation of the writ challenge failed, and the Court found no basis to interfere. The writ petition against the revisional order was therefore not entertained and stood dismissed.

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Issues: Whether the Commissioner's revisional order under section 263 of the Income-tax Act, 1961, calling for interference in writ jurisdiction, was sustainable.

Analysis: The assessment had been made following an earlier decision of the same High Court, but that view had since been overruled by a Full Bench decision which was treated as binding. In that situation, the ground on which the writ petition challenged the revisional order no longer survived, and the Court found no basis to interfere in writ jurisdiction.

Conclusion: The writ petition challenging the revisional order was not entertained and stood dismissed.

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