2006 (11) TMI 153

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....red by the assessee against the order dated August 26, 2004, passed by the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar (for short, "the Tribunal") in I. T. A. No. 287/(ASR) of 2001, for the assessment year 1993-94, proposing the following substantial questions of law: "(i) Whether the compliance of section 127 of the Income-tax Act, 1961 has been made in the present case? (ii) Wh....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....0, 2004 in the case of the assessee (I. T. A. Nos. 80 and 81 of 2000). In the said order, the Tribunal observed that the assessee had the knowledge of the order and did not challenge the same at the relevant forum and that the same could not be set aside in assessment proceedings by the Assessing Officer or the Commissioner of Income-tax (Appeals). The only question which arises for considerati....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rder. In Pannalal Binjraj v. Union of India [1957] 31 ITR 565, the hon'ble Supreme Court observed while upholding the power of transfer that inconvenience to the assessee or likelihood of misuse of provision could not be a ground to declare the said provision to be void but if there was abuse of the power, appropriate remedy could be taken. The relevant observations are: "It follows, therefo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on to a decision of this court in S. Narayanappa v. CIT [1967] 63 ITR 219 (SC); AIR 1967 SC 523 where this court was dealing with section 34 of the old Act. It is clear that there is no requirement in any of the provisions of the Act or any section laying down as a condition for the initiation of the proceedings that the reasons which induced the Commissioner to accord sanction to proceed under se....