1995 (7) TMI 55

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.... " Whether the Commissioner of Income-tax was competent to exercise his jurisdiction under section 264 of the Income-tax Act, 1961 (for short, 'the Act') by entertaining a revision application arising out of an order passed under rule 40 of the Income-tax Rules, 1962, and decide the same on the merits ? " The facts, in brief, leading to this petition are as under : The petitioner-firm, Kano....

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..... The proposition of law in this respect is well-settled that where no appeal lies and provision for revision is there, indeed, revision can certainly be maintainable provided the order under revision is without jurisdiction inasmuch as the authority acted in exercise of the jurisdiction illegally or with material irregularity, or exercised the jurisdiction not vested in it by law, or where the....