1979 (2) TMI 87

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... certiorari by a petitioner who is an assessee under the I.T. Act of 1961 (hereinafter referred to as the ' Act ') and the order of the Commissioner of Income-tax, opposite party No. 1, dismissing the petition under s. 273A(4) of the Act has been asked to be quashed. Assessee is a registered firm and in respect of the assessment years 1970-71 and 1971-72, as against tax demands of Rs. 2,231 and....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....appropriately exercised ; merely because the revision petition has been labelled as one under s. 273A(4) of the Act, the Commissioner should not have refused to exercise his jurisdiction under s. 273A(1) of the Act ; and the reports of the Assessing Officer have not been taken into account and the considerations which have weighed with the Commissioner in finding against the assessee are not germa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in disposing of an application under s. 273A(1) have been provided therein in cls. (a), (b) and (c). Similarly, in the matter of exercising jurisdiction under sub-s. (4), the considerations have also been statutorily indicated. The Commissioner has, as a fact, taken some of these aspects into consideration while disposing of the application. The Commissioner has found that the assessee showed undu....