9911796707
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Issues:
1. Quashing of order passed by Commissioner of Income-tax 2. Assessment of income-tax payable by petitioner for specific years 3. Provisional assessments and appeal process 4. Jurisdiction of Commissioner of Income-tax under section 264 of the Income-tax Act 5. Compliance with directions of Central Board of Direct Taxes 6. Gross profit rate determination and assessment validity Analysis: The petitioner filed a writ petition seeking a writ of certiorari to quash the order passed by the Commissioner of Income-tax and a writ of mandamus for the assessment of income-tax for specific years related to a forest lease in Jammu and Kashmir. The petitioner, a partnership firm, entered into a contract with the State for exploiting the forest. Disputes arose regarding the assessment of income for the years 1958-59 to 1961-62. The Income-tax Officer provisionally assessed the income at high rates, leading to appeals by the petitioner against these assessments. The Appellate Assistant Commissioner reduced the provisional rates, but further appeals were made to the Income-tax Appellate Tribunal. The Tribunal confirmed the rates set by the Assistant Commissioner. Subsequently, the petitioner requested reassessment based on a lower profit rate, which was rejected by the Income-tax Officer on technical grounds. The petitioner then approached the Commissioner of Income-tax under section 264 of the Act for revision of assessments, which was dismissed on grounds of limitation. The petitioner alleged that the Commissioner did not comply with the directions of the Central Board of Direct Taxes, leading to the present petition. The respondents contended that the relief already granted was sufficient and that the assessments were not provisional as claimed by the petitioner. The Commissioner's orders were challenged on the grounds of exceeding directions and ignoring the disclosed profit rate. The Court analyzed the Commissioner's orders and found no violation of the Central Board's directions. The Court held that the Commissioner acted within the scope of the law and considered the Tribunal's observations in maintaining the profit rates. The petitioner's arguments were deemed fallacious, and no error on the face of the record was found to warrant interference in the jurisdiction exercised by the Commissioner. The Court dismissed the petition, noting that it was improperly filed, and the petitioner failed to establish any grounds for relief. In conclusion, the Court dismissed the petition, emphasizing that the petitioner failed to demonstrate any legal basis for challenging the assessments made by the Commissioner of Income-tax. The Court highlighted that the petitioner's arguments lacked merit and did not justify interference in the Commissioner's decisions under section 264 of the Income-tax Act. The petition was dismissed with no order as to costs.
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