2013 (10) TMI 320

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....ra. ORDER:- The instant writ petition has been filed assailing the order dated 09.02.2007, passed by the Commissioner of Income Tax-II, Lucknow in exercise of powers conferred under section 154 of the Income Tax Act, 1961 as well as order dated 27.11.2006, passed by the Commissioner of Income Tax-II, Lucknow under section 264 of the Income Tax Act, as contained in Annexures No. 1 & 7 to the ....

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.... the interest on borrowed income from HUF. Against the said assessment order of the year 2002-03, the assessee moved an application under section 154 of the Act, 1961 on 16.1.2007, which was rejected on 09.2.2007 as there was no apparent error in the assessment order, passed under section 264 of the Act. No documentary evidence was led by the assessee before the revisional authority but subsequent....

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....rict exercising of power of the authorities and it only rectifies the mistake, caused due to an act of the authority himself and the respondent no. 1 failed to exercise his power by relying only on words 'suo-motto voluntary withdrawal'. When this writ petition was taken up for hearing, neither learned Counsel for the petitioner is present nor any engagement slip has been sent on his behalf for....