9911796707
TMI Blog2013 (7) TMI 852X X X X Extracts X X X X X X X X Extracts X X X X ..... axena, Advocate ORDER Rajive Bhalla, J (Oral) The petitioner prays for issuance of a writ of certiorari setting aside order dated 27.03.1997 (Annexure P-4), passed by the Commissioner of Income Tax, Patiala, under Section 264 of the Income Tax Act, 1961 (hereinafter referred to as 'the 1961 Act'). Counsel for the petitioner gives up all other pleas except a plea that the petitioner is entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the parties, perused the pleadings, the impugned order and have no hesitation in holding that the Commissioner of Income Tax, Patiala, was not justified in rejecting the petitioner's prayer. The controversy in the present petition is squarely covered in favour of the petitioner by the judgment in M/s Ghuna Ram and Sons, New Grain Market, Patiala (supra). A relevant extract from the aforementi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for the assessment year 1984-85. The CIT, however, had failed to examine the matter in the aforesaid background. In such a situation, the order passed by the CIT cannot be sustained. The same is set aside and the matter is remanded to respondent No.1 for passing a fresh order in accordance with law." In view of what has been stated hereinabove, the writ petition is partly allowed and the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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