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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 ..... rder lies to the Deputy Commissioner (Appeals) or to the Commissioner (Appeals) or to the Appellate Tribunal but has not been made and the time within which such appeal may be made has not expired, or, in the case of an appeal to the Commissioner (Appeals) or to the Appellate Tribunal, the assessee has not waived his right of appeal. This Court finds that the order passed by the AO/ITA initiating the reassessment proceedings against assessee was subject to challenge before this Court in which the writ Court had categorically held that the pendency of the writ petition will not cause any embargo or fetter on the part of the concerned authority to proceed in accordance with law. The finding recorded by the respondent no. 1 as to the ext ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned counsel for the respondents. 2. This writ petition has been filed assailing the order dated 30.03.2022 passed by the respondent no. 1 under Section 264 of the Income Tax Act, 1961 [hereinafter referred as the 'Act of 1961'] 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 consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation by the assessee for revision, call for the record of any proceeding under this Act in which any such order has been passed and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may pass such order 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opportunity to the assessee to be reheard under the proviso to section 129 and any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded. (7) Notwithstanding anything contained in sub-section (6), an order 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 thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions of Section 264 (4) (a) of the Act of 1961, if any appeal is pending no order under Section 264 can be passed is a fallacy. The pendency of writ petition before this Court would not amount to pendency of any appeal before any authority. In fact, the writ Court had made it clear that 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 wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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