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TMI Blog2012 (11) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... d. On the other hand, the petitioner has failed to pursue the statutory remedy of filing the appeal and instead chose to file this writ petition challenging the order passed under Section 264 of the Act, which is not maintainable in view of the alternative remedy available under the statute - Court in exercise of power under Article 226 of the Constitution of India, is not inclined to entertain th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orthy, learned Counsel appearing for the respondents. 3. The assessment order was passed on 24.03.2006 which according to the petitioner was not in accordance with the factual aspects of the petitioner's claim. Aggrieved thereby, an appeal was filed to the Commissioner of Income Tax (Appeals) - II, Madurai, who partly allowed the appeal on 21.05.2007. As against the order passed in the appeal, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereunder. 4. The petitioner, though has a right of appeal to the Commissioner of Income Tax (Appeals), chose to file a revision under Section 264(i) of the Income Tax Act. Section 264(i) of the Income Tax Act, reads as follows: "Section 264. (1). In the case of any order other than an order to which section 263 applies passed by an authority subordinate to him, the Commissioner may, either of h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1961, is exercised by the authority for granting any relief if there is one. It also mandates that no order prejudicial to the assessee will be passed in exercise of the revisional power under Section 264 of the Act. This Court finds that the order is in consonance with the said provision as the authority has declined to interfere with the assessment order and no order prejudicial to the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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