9911796707
TMI Blog2012 (9) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... a speaking order, so as to enable a party to know the reasons, as to why his application is being either accepted or rejected. This giving of reasons also ensures due application of mind to the facts by the Authority concerned. The impugned order is bereft of reasons and therefore, quashed and set aside. CIT directed to dispose of the petitioner's Revision application u/s 264 - Decided in favor of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing corrugated paper boxes, corrugated rolls and sleeves. b) On 30.10.2007, the Petitioner filed its return of income declaring taxable income of Rs. 7.44 lacs after claiming a deduction of Rs.5.83 lacs being the salary paid to its working partners for the period ending on 31.03.2007 (Assessment year 2007-2008) c) For the first time, from the assessment year 2007-2008, the procedure of filing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assistant Commissioner of Income Tax by order dated 15.12.2011 rejected the rectification application on the ground that the claim cannot be entertained in the absence of revised return of income, as held by the Supreme Court in the mater of Goetz India reported in 284 ITR 323 . e) Therefore, on 23.01.2012, the Petitioner filed a Revision application under Section 264 of the Act, with the Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner of Income Tax is an order in breach of principle of natural justice inasmuch as it does not consider the petitioner's Revision application and merely rejects the same on the ground that the petitioner has a option of filing an appeal before the Commissioner of Income Tax (Appeals). It is his submission that when the Petitioner has exercised his right to invoke the jurisdiction of the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r rejected. This giving of reasons also ensures due application of mind to the facts by the Authority concerned. The order dated 26.03.2012 is bereft of reasons and therefore, quashed and set aside. 7. We direct the Commissioner of Income Tax to dispose of the petitioner's Revision application under Section 264 of the Act, after giving the Petitioner a personal hearing and considering all the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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