2004 (3) TMI 55

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....e court was delivered by N.K. SUD J.-Challenge in this petition is to the letter issued by the Assistant Commissioner of Income-tax, Patiala, dated March 12,2004, annexure P2, whereby the estimate filed by the petitioner has been rejected and it has been required to pay advance tax in accordance with the order under section 210(3) of the Income-tax Act, 1961 (for short "the Act"), dated Februar....

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.... the impugned order dated March 12,2004, annexure P2 has rejected this estimate on the ground that Form No.28A could not be filed without pointing out any mistake in the order under section 210(3) dated February 19,2004. We have heard learned counsel for the parties and have perused the relevant provisions of the Act. The Assessing Officer has not appreciated the provisions of law correctly. As....

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....ancial year would be less, it exercised its right under section 210(5) by filing an estimate of income on Form No.28A. No provision of law has been shown to us under which such an estimate can be rejected by the departmental authorities. We are, therefore, satisfied that the Assessing Officer was not justified in rejecting this estimate and requiring the assessee to pay advance tax in terms of his....