2004 (3) TMI 30

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....partnership firm and on February 15, 1985, the premises of the firm and the residential house of one of its partners were searched under section 132 of the Act. Admittedly, at that time, the jurisdiction to hear the application under section 273A of the Act was with the Commissioner of Income-tax, Calcutta. However, on March 1, 1985, the petitioner filed a petition under the aforesaid section before the Commissioner of Income-tax, Patna, stating that a number of books of account were seized at the time of search and the petitioner wanted to make full and true disclosure of all its income so that proper assessment could be made thereof right from the assessment year 1976-77 till the relevant period, i.e., the year of search. It was further p....

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....de out as there was no full and true disclosure prior to the detection of the concealment, which is one of the basic requirements stipulated under section 273A(1)(b) of the Act, and, thirdly that the order of penalty passed by the authority has been upheld by the appellate authority. Learned counsel for the petitioner raised two points. Firstly, he submitted that once the application under section 273A of the Act was entertained and, admittedly, the Commissioner of Income-tax, Patna, had jurisdiction at the time when the matter was being disposed of, the said application should not have been rejected on the ground of maintainability, specially when under section 273A(1) of the Act, the Commissioner of Income-tax has also power to enterta....