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TMI Blog2023 (5) TMI 584X X X X Extracts X X X X X X X X Extracts X X X X ..... 39;] for the assessment year 2012-13. 3. Learned counsel for the petitioner submitted that the assessment proceedings had been completed against which petitioner had filed a revision under Section 264 of the Act of 1961. The Principal Commissioner of Income Tax vide order dated 30.03.2022 rejected the revision on the ground that as the writ petition, filed by the assessee against the order passed initiating reassessment proceedings under Section 143 (3)/147 of the Act of 1961 on 30.03.2019, is pending consideration, in view of the provisions of Section 264 (4) (a) of the Act of 1961, no order can be passed under Section 264 of the Act of 1961. 4. Sri Rahul Agarwal, learned counsel for the petitioner, contends that in the writ petition fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thereon, not being an order prejudicial to the assessee, as he thinks fit. (2) The Principal Commissioner or Commissioner shall not of his own motion revise any order under this section if the order has been made more than one year previously. (3) In the case of an application for revision under this section by the assessee, the application must be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier: Provided that the Principal Commissioner or Commissioner may, if he is satisfied that the assessee was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der in revision under sub-section (6) may be passed at any time in consequence of or to give effect to any finding or direction contained in an order of the Appellate Tribunal, National Tax Tribunal, the High Court or the Supreme Court. Explanation 1.-An order by the Principal Commissioner or Commissioner declining to interfere shall, for the purposes of this section, be deemed not to be an order prejudicial to the assessee. Explanation 2.-For the purposes of this section, the Deputy Commissioner (Appeals) shall be deemed to be an authority subordinate to the Principal Commissioner or Commissioner." 8. From perusal of Sub-section (4) (a) of section 264 of the Act of 1961 it is clear that Principal Commissioner or Commissioner shall not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at there is no embargo upon the competent authority to proceed in the matter. 12. Once the proceedings were initiated for reassessment by the respondent and the competent authority proceeded to complete the same on 31.12.2019, no occasion arise as to any matter being pending before this Court as the only challenge before the writ Court was for initiation of proceedings under Section 143 (3) read with Section 147 of the Act of 1961. Once the reassessment was made and the proceedings were completed, the writ petition has practically become infructuous. The ground taken by the Principal Commissioner of Income Tax does not hold any ground as the writ petition is not an appeal according to Section 264 (4) (a) of the Act of 1961. 13. In view of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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