2019 (8) TMI 808

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....nshi, learned counsel For the Respondents : Shri D.P.S. Bhadauriya, learned counsel ORDER (1) This petition under Article 226/227 of the Constitution is directed against the order dated 26.9.2018 passed by the Principal Commissioner of Income Tax, Gwalior in exercise of the revisional power under section 264 of Income Tax Act, 1961, is an example of a mechanical and casual manner the Revi....

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.... order was set aside on 20.8.2018 and the matter was relegated to the Revisional Authority with the direction: "Though an exception is taken by the petitioner against the affidavit filed by the Revisional Authority justifying the order, which as per the petitioner is impermissible, as the order under challenge has been passed by the Authority concerned in her capacity of quasi-judicial Au....

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....d while dwelling on the issue has cryptically dwelt as under: "(8) The assessee has raised objection regarding service of notice u/s 148 of the I.T. Act, 1961 to him in writ petition filed before the Honb'le High Court of Madhya Pradesh. The assesee's contention in this regard is not acceptable in lights of the decision of the Hon'ble High Court of Delhi in the case of I.M. Co....

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....282 of the Act and in case of non-service of notice, entire proceedings are of no consequence." (5) Though true it is that the exercise of power under section 264 is confined to; (i) to have exercised a jurisdiction not vested in it by law; or (ii) to have failed to exercise a jurisdiction so vested; or (iii) to have acted in the exercise of its jurisdiction illegally or with material irregular....